Pacifica Municipal Code Art. 11 System Performance

(a) Every two (2) years throughout the term of the franchise, if reasonably requested by prior written notice from the grantor, grantor and grantee shall meet publicly to review cable system performance and quality of cable service. The various reports required pursuant to this chapter, results of technical performance tests, the record of subscriber complaints and grantee's response to those complaints, and the information acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty (30) days after the conclusion of such a review meeting, grantor may issue findings with respect to the cable system's franchise compliance and quality of service.

(b) If grantor determines that grantee is not in compliance with the requirements of this chapter or the grantee's franchise agreement, grantor shall provide grantee, in the form of written findings, the specific details of each alleged noncompliance. Grantor may then direct grantee to correct the areas of noncompliance within a reasonable period of time. Failure of the grantee, after due notice, to:

(1) Correct the area(s) of noncompliance within the period specified therefor; or

(2) Commence compliance within such period and diligently achieve compliance thereafter; or

(3) Demonstrate that the allegations of noncompliance are incorrect; shall be considered a material breach of the franchise, and grantor may exercise any remedy within the scope of this chapter and the franchise agreement considered appropriate under the circumstances.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)