§ 138-67. Performance evaluations.

A. 

The Town Board reserves the right to design a performance evaluation procedure which periodically monitors compliance of MCS providers with the terms and conditions of both this chapter and any applicable franchise, other agreement, license or permit. Moreover, the Town Board may periodically review and determine whether an MCS provider's financial, technical, legal, and character qualifications, and its record of meeting community and subscriber needs, as particularly relate, but are not limited, to matters of customer service practices, continue to meet the needs of the community, and to determine if the operational, maintenance, and performance levels needed to ensure the uninterrupted and acceptable provision of multichannel services are adequate to meet the needs and reasonable desires of the community. Such performance evaluations may be conducted at least every three years during the term of any franchise, other agreement, license or permit, or more frequently if deemed necessary and appropriate due to complaints or repeated or multiple violations of this chapter or the franchise, other agreement, license or permit.

B. 

If, as a result of the evaluation, the Town Board determines that the franchised MCS provider has not complied with a provision of this chapter, or its franchise, other agreement, license or permit, then the Town Board shall give the franchised MCS provider an opportunity either to correct or remedy the area of noncompliance, or submit documentation or supporting data that resolves or explains the area of noncompliance to the satisfaction of the Town.

C. 

If the franchised MCS provider fails to correct or resolve an area of noncompliance in a timely manner, or provide an acceptable explanation in a timely manner, then such failure may be treated as a material violation of this chapter or the franchise, other agreement, license or permit, as is appropriate.