A. The city shall have the right, upon reasonable notice, to make such inspections as it shall find necessary to ensure compliance with the technical standards and specifications established by the FCC, as periodically updated, and all applicable state and local laws and regulations.

B. The grantee shall advise the city 10 days prior to the date of all FCC proof of performance tests scheduled so that the city may have an observer present. The grantee shall maintain test points as required by federal law and shall allow the city to have access to those test points upon reasonable notice and at intervals not more frequently than required by federal law, except for good and substantial cause shown.

C. The city may require additional reasonable proof of performance tests not more often than annually and within 90 days of the completion of the construction of a new system or the upgrading or reconstruction or repair of an existing system. In the event that the city requires proof of performance testing under this section, the grantee shall conduct such tests under the standards set forth in Part 76 of the FCC’s Rules and Regulations. The city may observe the testing performed under this section, and may provide a list of locations and/or areas where the tests specified are to be performed. To the extent provided in the franchise, the city shall be entitled to recover from the grantee its costs associated with defining tests and procedures, observation of said tests, and evaluation of test findings. (Ord. 5531 § 2, 2004.)