To the extent permitted by applicable law, the County
shall have the right and authority to require a grantee to test, analyze
and report on the performance of its system, provided that the County
shall not require a grantee to test the system as a whole, or any
specific part thereof, more than once during any calendar year, unless
a test shows that the system or such a specific part fails to meet
relevant performance specifications. A grantee shall fully cooperate
with the County in performing such testing and shall prepare results
and a report, if requested, within 45 days after notice.
(1) Such report shall include the following information:
(a)
The nature of the complaint or problem which
precipitated the tests;
(b)
What system component was tested;
(c)
The equipment used and procedures employed in
testing;
(d)
The method, if any, in which such complaint
or problem was resolved; and
(e)
Any other information pertinent to the tests
and analysis which may be required.
(2) A grantee's periodic proof of performance tests conducted
pursuant to FCC standards and requirements may satisfy a test or report
required by the County under this subsection.
(3) The County may require an independent review of a
performance test, with the independent reviewer selected by the County
to review the cable system in cooperation with the grantee. Should
such a test prove that the grantee failed to meet a technical standard,
the grantee shall bear the cost of such independent observer. If the
test should prove that the grantee met the technical standards, the
County shall bear the cost of such test.