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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />HRAFT <br /> <br />arrange its request for such special testing so as to mlDlDllze hardship or <br />inconvenience to the Grantee or to the Subscribers of such testing. <br /> <br />4.6.3 Before ordering such tests, the Grantee shall be afforded tbirty (30) days <br />following receipt of writtcn notice to investigate and, if necessary, correct <br />problems or complaims upon which tests were ordered. The City and/or the <br />Commission, as applicable, shallmeel with the Grantee prior to requiring special <br />tests to discuss the need lor such and. if possible. visually inspect those locations <br />which are the tocus of concern. I t: after such meetings and inspections, the City <br />and/or the Commission wishes to commence special tests and the thirty (30) days <br />have elapsed without correction of the matter in controversy or resolLltion of <br />complaints. the tests shall be conducted at the Grantce's expense by a qualilied <br />engineer selected by the City and/or the Commission, as applicable, and the <br />Grantee shall cooperate in such testing. <br /> <br />4.6.4 Unless otherwise provided in this Franchise. tests shall be supervised by the <br />Grantee's chid technical authority, who shall certify all records of tests provided <br />to the Ci ty and the Comm ission. <br /> <br />4.6.5 The Grantee shall provide the City and the Commission with at leasl two (2) <br />business days' prior written notice ot: and opportunity to observe, any tests <br />performed on the System. <br /> <br />4.6.5.1 Test results shall be filed with the City and the Commission within <br />lourteen (14) days ora written request by the City and/or the Commission. <br /> <br />4.6.5.211' any test indicates that any part or component of the System fails to meet <br />applicable requirements. the Grantee. without requirement of additional <br />notice or request li'om the City or the Commission, shall take corrective <br />action, reteslthe locations and advise the City and the Commission of tbe <br />action taken and the results achieved by filing a written report certified by <br />the Grantee's chief technical a lIlhority. Any costs associated with testing <br />or retesting the System shall not be considered franchise fees and shall not <br />be deducted Irom or oilSet against Iranehise lee payments made to the <br />City or the Commission. <br /> <br />4.7 FCC l~eDOrts. <br /> <br />Unless otherwise required by the terms of this Franchise, the results of any tests required <br />to be tiled by Grantee with the FCC or in the Grantee's public tile shall upon request of <br />the City or the Commission also be liIed with the City or the Commission, as applicable, <br />within ten (10) days of the request. <br /> <br />27 <br /> <br />~~ <br />
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