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)
4.20.120.3.1. 
All evaluation sessions shall be open to the public.
4.20.120.3.2. 
A franchisee shall notify its subscribers of all evaluation sessions by:
4.20.120.3.2.1. 
A notice printed prominently and separately from other materials of franchisee and sent directly to all of franchisee's subscribers in the city at least twenty (20) days preceding each session, provided that such notice may be included in subscriber statements so long as it is a prominently printed, separate item and not incorporated into any other document in such statement; and
4.20.120.3.2.2. 
Character-generated announcement on at least one channel (within channels 2-12 if there exists a channel within this range in which the franchisee provides character-generated programming controlled by it, or some other channel at franchisee's discretion if not) of its system between the hours of seven a.m. and nine p.m., for five consecutive days preceding each session. The city may also provide such notice on its governmental access channel(s).
(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:
4.20.120.5.1. 
Compliance with, and any modification necessary with respect to, the financial commitments required under the franchise agreement;
4.20.120.5.2. 
Compliance with requirements regarding system characteristics and technical performance and testing requirements;
4.20.120.5.3. 
Compliance with construction terms, standards, and schedule;
4.20.120.5.4. 
A description of the changes made or contemplated to the mix and quality of programming in the broad categories of video programming or other services on the system; nothing in this paragraph, however, shall imply any city regulatory authority or power of censorship over the content of programming on the franchisee's channels, excepting, however, the pubic, educational, and governmental access channels or the leased access channels;
4.20.120.5.5. 
Compliance with, and any modification necessary with respect to, the plan for interconnection set forth in the franchise agreement;
4.20.120.5.6. 
Compliance with the subscriber privacy protection policies in accordance with the ordinance codified in this title;
4.20.120.5.7. 
A summary of all service interruptions with respect to any portion of the cable system thereof;
4.20.120.5.8. 
A summary of all subscriber and user complaints and the action taken by the franchisee in response thereto in accordance with the ordinance codified in this title; and
4.20.120.5.9. 
Other events which the franchisee or cable administrator may find significant.
(Ord. 205 § 3, 2001)
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)