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)
4.20.121.2.1. 
If franchisee's tests as required by this section indicate that franchisee's system is in compliance with the FCC's technical standards, but the cable administrator subsequently receives five or more complaints which in the cable administrator's judgment are substantially similar to those complaints reported prior to the franchisee's testing concerning compliance of the franchisee's cable system with such technical standards, then the cable administrator may require that the tests and analyses specified in this section be repeated under the supervision of a qualified engineer selected by the cable administrator who is not an employee or affiliate of the franchisee.
4.20.121.2.2. 
If such tests demonstrate the existence of technical compliance problems which are substantially and materially related to such complaints, then such tests shall be paid for by the franchisee within twenty (20) days after the cable administrator submits the engineer's invoice, including without limitation the costs of the engineer's travel, lodging, professional fees and the like provided, however, that such costs shall not exceed seven thousand five hundred dollars ($7,500.00) per instance.
4.20.121.2.3. 
If such tests do not demonstrate the existence of technical compliance problems, then such tests and expenses shall be paid for by the city. The aforesaid engineer shall sign all records of the special tests and forward to the cable administrator such records with a report interpreting the results of the tests and recommending actions to be taken by the franchisee and the city.
(Ord. 205 § 3, 2001)