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SECTION 6.52.120. REVIEW OF SYSTEM PERFORMANCF <br /> <br />A. Triennial Review <br /> <br /> (1) Every three (3) years throughout the term of the Franchise, if reasonably <br />requested by prior written notice from the Grantor, Grantor and Grantee shall meet <br />publicly to review System performance and quality of service. The various reports <br />required pursuant to this Ordinance, results of technical performance tests, the record <br />of Subscriber complaints and Grantee's response to those complaints, and the <br />information acquired in any Subscriber surveys, shall be utilized as the basis for review. <br />In addition, any Subscriber may submit comments or complaints during the review <br />meetings, either orally or in writing, and these shall be considered. Within thirty (30) <br />days after the conclusion of such a review meeting, Grantor may issue findings with <br />respect to the Cable System's Franchise compliance and quality of service. <br /> <br /> (2) if Grantor determines that Grantee is not in compliance with the <br />requirements of this Ordinance or the Grantee's Franchise Agreement, Grantor shall <br />provide Grantee, in the form of written findings, the specific details of each alleged <br />noncompliance. Grantor may then direct Grantee to correct the areas of <br />noncompliance within a reasonable period of time, but not less than thirty (30) days. <br />Failure of the Grantee, after due notice, to: <br /> <br /> (a) correct the area(s) of noncompliance within the pedod specified <br /> <br />therefor; or <br /> <br /> (b) commence compliance within such period and diligently achieve <br />compliance thereafter; or <br /> <br /> (c) demonstrate that the allegations of noncompliance are incorrect; <br />shall be considered a material breach of the Franchise, and Grantor may exercise any <br />remedy within the scope of this Ordinance and the Franchise Agreement considered <br />appropriate under the circumstances. <br /> <br />38 <br /> <br /> <br />