Yucaipa Municipal Code Art. XXII System Testing And Franchise Performance Reports Requirements

When the cable administrator has received ten (10) or more complaints which complaints in the judgment of the cable administrator cast reasonable doubt on the compliance of the franchisee’s system with the technical standards set forth in the ordinance codified in this title and the franchise agreement or FCC technical standards, the cable administrator shall have the right and authority to compel a franchisee to test, analyze, and report on the performance of the cable system at the franchisee’s expense, provided that such tests are directly related to the obligations of franchisee to meet the technical standards set forth in the ordinance codified in this title or the franchise agreement. Such report shall be delivered to the cable administrator no later than thirty (30) days after the franchisee receives written notice from the cable administrator identifying those technical standards set forth in the ordinance codified in this title or the franchise agreement on which the franchisee is to conduct such tests or make such analyses are to be made or conducted, which report shall include the following information: the nature of the complaints which precipitated the special test(s); which cable system component(s) was/were tested, the equipment used, and procedure(s) employed in said testing; the results of such test(s); and the method(s) in which said complaints were resolved. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

(Ord. 205 § 3, 2001)