Yucaipa Municipal Code Art. XXI System and Franchisee Performance Evaluation Requirements

Once every three years the franchisee, at its own expense, shall survey its subscribers to evaluate the franchisee’s performance and its subscriber programming preferences. Each survey shall be performed by a professionally qualified survey specialist independent of and not affiliated with the franchisee. The franchisee shall provide the cable administrator with a copy of the proposed survey and the identity of the survey specialist sufficiently in advance of the commencement of the survey to allow the cable administrator to review and comment upon the qualifications of the survey specialist and the adequacy of the survey instrument. The selection of the survey specialist, as well as the form and content of the survey shall be agreed upon by the cable administrator and the franchisee provided, however, that the survey shall contain at least one open-ended question (e.g., “Do you have any other complaints, problems or concerns about franchisee’s operations or service?”). The methodology and procedure of the survey shall be determined by the franchisee and may utilize either written or telephone surveys of all or a statistically reliable portion of the franchisee’s subscribers in the city. Copies of complete survey results shall be given to the cable administrator within thirty (30) days of completion of each survey.

(Ord. 205 § 3, 2001)

At the city’s election, the cable administrator and each franchisee may hold scheduled performance evaluation sessions every three years from the effective date of a franchise and as may be required by federal and state law. The cable administrator will provide franchisee with written notice of its desire to commence a performance evaluation session. A franchisee shall then provide the cable administrator with any written materials, reports or other written information the franchisee desires for consideration during the performance evaluation session to the cable administrator, within sixty (60) days following the date on which the cable administrator mails or transmits the notice of the performance evaluation session to franchisee. After the cable administrator is in receipt of the franchisee’s information, if any, he or she will schedule an evaluation session with franchisee, at a mutually convenient date and time, but no earlier than ninety (90) days from the receipt by the cable administrator of all information from franchisee. The franchisee will be notified of the date and time of each evaluation session within thirty (30) days after cable administrator is in receipt of all information, to provide franchisee with at least sixty (60) days in which to notify subscribers of the meeting.

(Ord. 205 § 3, 2001)

Topics which may be discussed at any evaluation session may include, but not be limited to, compliance by the franchisee with respect to its obligations under the ordinance codified in this title or its franchise agreement concerning service rate structures; franchise fees; liquidated damages; free or discounted services; application of new technologies; system performance; services provided; access; programming offered; subscriber complaints; privacy; judicial and FCC rulings; line extension policies; and franchisee or city rules.

(Ord. 205 § 3, 2001)

During the evaluation session, the franchisee shall be prepared to answer questions and/or provided copies of existing reports which shall in reasonable detail address the franchisee’s compliance with the material terms and conditions of the franchise agreement during the period from the submission of the last such report or, in the case of the first such report, from the effective date of the franchise agreement to the date of the first such report, and may include in the cable administrator’s reasonable discretion those events related to the following topics:

Within sixty (60) days after the conclusion of any evaluation session, unless otherwise extended, the city may request additional information on specified topics related to franchisee’s compliance with the franchise agreement which the franchisee shall supply such within sixty (60) days of such request. The city may review the franchisee’s performance to determine whether the franchisee has complied with the terms and conditions of the franchise agreement and shall, following completion of any such review, keep the franchisee supplied information on file. Nothing in this section shall affect the city’s remedies provided elsewhere in the ordinance codified in this title.

(Ord. 205 § 3, 2001)

Within sixty (60) days after the conclusion of any evaluation session, unless otherwise extended, the city may issue a report with respect to franchisee’s compliance with the ordinance codified in this title and the franchise agreement.

(Ord. 205 § 3, 2001)