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6.52.120 <br />the grantor, grantor and grantee shall <br />meet publicly to review system perfor- <br />mance and quality of service. The vari- <br />ous reports required pursuant to this <br />chapter, results of technical perfor- <br />mance tests, the record of subscriber <br />complaints and grantee's response to <br />those complaints, and the information <br />acquired in any subscriber surveys, <br />shall be utilized as the basis for review. <br />In addition, any subscriber may submit <br />comments or complaints during the <br />review meetings, either orally or in <br />writing, and these shall be considered. <br />Within thirty (30) days after the conclu- <br />sion of such a review meeting, grantor <br />may issue findings with respect to the <br />cable system's franchise compliance <br />and quality of service. <br />2. If grantor determines that grantee <br />is not in compliance with the require- <br />ments of this chapter or the grantee's <br />franchise agreement, grantor shall pro- <br />vide grantee, in the form of written <br />findings, the specific details of each <br />alleged noncompliance. Grantor may <br />then direct grantee to correct the areas <br />of noncompliance within a reasonable <br />period of time, but not less than thirty <br />(30) days. Failure of the grantee, after <br />due notice, to: <br />a. Correct the area(s) of noncompli- <br />ance within the period specified there- <br />for; or <br />b. Commence compliance within <br />such period and diligently achieve <br />compliance thereafter; or <br />c. Demonstrate that the allegations of <br />noncompliance are incorrect; <br />shall be considered a material .breach <br />of the franchise, and grantor may exer- <br />cise any remedy within the scope of <br />this chapter and the franchise agree- <br />ment considered appropriate under the <br />circumstances. <br />B. Special Review: When there have <br />been extensive complaints made or <br />where there exists other demonstrative <br />evidence which, in the reasonable judg- <br />ment of the grantor, casts reasonable <br />doubt on the reliability or quality of <br />cable service to the effect that the <br />grantee is not in compliance with the <br />requirements of this chapter or its fran- <br />chise, the grantor shall have the right to <br />compel the grantee to test, analyze and <br />report on the performance of the cable <br />system in order to protect the public <br />against substandard cable service. <br />Grantor may not compel grantee to <br />provide such tests or reports unless and <br />until grantor has provided grantee with <br />at least thirty (30) days' prior written <br />notice of its intention to exercise its <br />rights under this subsection and has <br />provided. grantee with an opportunity to <br />be heard prior to its exercise of such <br />rights. Such test or tests shall be made <br />and the report shall be delivered to the <br />grantor no later than thirty (30) days <br />after the grantor notifies the grantee in <br />writing that it is exercising such right, <br />and shall be made at grantee's sole <br />cost. Such report shall include the <br />following information: the nature of the <br />complaints which precipitated the spe- <br />cial tests, what system component was <br />tested, the equipment used and proce- <br />dures employed in said testing, the <br />results of such tests, and the method by <br />which such complaints were resolved. <br />Any other information pertinent to the <br />192-21 (Pleasanton February 2002) <br />