§ 13-7. Compliance and monitoring.

(a)

Testing for compliance. The franchising authority may perform technical tests of the cable system during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of the grantee or the cable system in order to determine whether or not the grantee is in compliance with the terms hereof and applicable state or federal laws. Except in emergency circumstances, such tests may be undertaken only after giving grantee reasonable notice thereof, not to be less than five business days and providing a representative of grantee an opportunity to be present during such tests. In the event that such testing demonstrates that the grantee has substantially failed to comply with a material requirement hereof, the reasonable costs of such tests shall be borne by the grantee. In the event that such testing demonstrates that grantee has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the franchising authority. Except in emergency circumstances, the franchising authority agrees that such testing shall be undertaken no more than two times a year in the aggregate, and that the results thereof shall be made available to the grantee upon grantee's request.

(b)

Technical standards. The technical standards promulgated by the FCC relating to cable communications systems contained in Subpart K of Part 76 of FCC rules and regulations are herein incorporated by reference.

(c)

Technical violations. The parties hereby agree that it is not the franchising authority's intention to subject the grantee to penalties, fines, forfeitures or revocation of the franchise for so-called "technical" breach(es) or violation(s) of the franchise or local cable ordinance, which shall include, but are not limited to the following:

(1)

In instances or for matters where a violation or a breach by the grantee of the franchise or local cable ordinance was a good faith error that resulted in no or minimal negative impact on the customers within the service area; or

(2)

Where there existed circumstances reasonably beyond the control of the grantee and which precipitated a violation by the grantee of the franchise or local cable ordinance, or which were deemed to have prevented the grantee from complying with a term or condition of the franchise or local cable ordinance.

(d)

Books and records. The grantee agrees that the franchising authority, upon reasonable notice, may review such of its books and records, during normal business hours and on a nondisruptive basis, as are reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the FCC. Notwithstanding anything to the contrary set forth herein, grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The franchising authority agrees to treat any information disclosed by the grantee to it as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof.

(Ord. No. 12, 5th Series, § 2(7.1—7.4), 6-4-14)