When the board of directors of the cable television commission finds that complaints
from subscribers or other factors cast doubt upon the reliability or quality of service,
the board of directors shall have the right to order a franchisee to test, analyze
and report upon the performance of the cable television system. Such tests shall be
conducted at the sole expense of the franchisee. The board of directors may require
that the tests be supervised by an engineer selected by the board and compensated
by the franchisee who signs all test records and provides an independent report or
advice to the board. Within 45 calendar days following the date on which an order
requiring the tests is mailed to the franchisee, the franchisee shall file with the
clerk of the board of directors a report which identifies the system component or
components tested, describes the equipment used and procedures employed in testing,
and explains the nature, extent and cost of feasible alternative methods of correcting
any deficiencies revealed.
If after a public hearing notice of which has been given in the manner prescribed
by section 90-38 in division 1, above, the board of directors of the commission finds that a franchisee
has failed to comply with or maintain the technical standards or quality of service
prescribed pursuant to section 90-308, above, or otherwise set forth in the franchise documents for that franchise, the
board of directors may order the franchisee to make specifically enumerated repairs
of or improvements in the system or changes in the maintenance, repair or operation
of the system. The franchisee shall complete such repairs or improvements within a
reasonable time, and, in any event, not later than six months following the date on
which the order requiring reprovement is mailed to the franchisee.
