2.0.A. SWCSR 12-19-2018 - Laserfiche WebLink

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b. Demand for special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall be afforded thirty (30) Days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer mutually selected by City and Grantee based on a mutually agreed upon scope of work and cost. The parties shall bear their respective costs for the testing, with the City bearing the cost of special testing unless such testing reveal that the source of the technical difficulty is within the Grantee’s reasonable control, in which case the cost of the testing must be borne by the Grantee. Section 6.6 FCC Reports. The results of tests required to be filed by Grantee with the FCC shall also be copied to City. Section 6.7 Emergency Alert System. A Grantee shall comply with 47 U.S.C. 544(g) and all regulations issued pursuant thereto with respect to an Emergency Alert System (“EAS”). If a Grantee provides an EAS, then the City shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee’s Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. The City shall hold the Grantee, its employees, officers and assigns harmless from any claims or costs arising out of use of the EAS, including, but not limited to, reasonable attorneys’ fees and costs. SECTION 7. CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS Section 7.1 Regulation of Cable Service Rates. The City may regulate rates for the provision of Cable Service to the extent allowed under federal and state law(s). A Grantee must file a list of current Subscriber rates and charges with the City, which lists will be maintained on file with City and will be available for public inspection. For purposes of this section, the availability of this information on a Grantee’s website shall constitute compliance. A Grantee shall comply with applicable law in providing the City and Subscribers with notice of any change in a Cable Service rate or charges. Section 7.2 Sales Procedures. RJV-247390v5 7 SH255-1