Not more than once every three years following the effective date of the franchise agreement and with at least three months prior notice, franchisee will meet with the city to discuss the extent to which franchisee’s system and its technology and services are keeping up with the reasonable state of the art. In addition, and to the extent such information is available to franchisee, at the time that the city requests such a meeting, the city may also request, and franchisee shall provide no later than one month before such meeting, a summary of state-of-the-art cable services or technologies not offered to franchisee’s subscribers in the city which are commercially available to subscribers in other cable systems, including but not limited to other cable systems operated by franchisee. The summary shall indicate whether the franchisee intends to deploy such cable services or technologies over its cable system serving the city and, if so, when and under what circumstances. If the franchisee does not intend to make such services or technologies available in the city, the franchisee shall provide an explanation for this position.
(Ord. 205 § 3, 2001)
A franchisee may, on its own initiative, participate in or undertake experiments, tests, and other activities to enhance and advance or ascertain the need for an improvement in the state-of-the-art of its cable system technology. The city may request that a franchisee undertake such tests, and a franchisee will undertake such tests, to the extent the franchisee and the city mutually determine that it is economically viable and feasible to do so. The franchisee and city shall mutually determine which such experiments, tests, and other activities are technically sound and undertaken in response to a mutually perceived and defined market demand.
(Ord. 205 § 3, 2001)