§ 114.14  OPERATIONS AND MAINTENANCE PROVISION.
   (A)   Consumer complaint response. The franchisee shall maintain an office in the town or in the county and accessible to the town that is open during all business hours, has a publicly listed telephone number (without long-distance charge for town customers), and is so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis. The franchisee shall have a resident manager and engineer in the town (or in the county and accessible to the town) and shall have office, marketing, technical and studio staffs professionally trained in the cable communications industry.
   (B)   Interruption of service to subscribers. Whenever it is necessary to interrupt service to subscribers for the purpose of maintenance, alteration, or repair, the franchisee shall make every effort to do so at a time that will cause the least amount of subscriber inconvenience and, unless the interruption is unforeseen and immediately necessary, the franchisee shall give reasonable advance notice thereof to the affected subscribers.
   (C)   Service force required. The franchisee shall provide a service force seven days a week for all complaints and requests for adjustments. Such force shall be capable of responding to subscriber complaints within 24 hours of receipt of the complaint. Total loss of service attributable to the cable system shall be cleared within 24 hours, except to the extent that restoration of service is prevented by strikes, fires, injunction or other cause beyond the franchisee’s control.
   (D)   Complaint log. The franchisee shall keep an accurate log listing chronologically all complaints and trouble calls received from its subscribers. This log shall include appropriate identification of the subscriber and service affected, the time, date and nature of the report, the action taken to clear the trouble or satisfy the complaint, and the date and time of final disposition. This log shall be kept on file for five years and shall be available for inspection by the Mayor or his or her designate upon request at any time within this period. The franchisee shall submit to the town each month a summary of the number and types of complaints received.
   (E)   Complaints regarding service deficiencies. For recurrent complaints regarding service deficiencies other than total or partial loss of service, such as “ghosting”, weak audio signal, distortion, and the like, the Mayor may require the franchisee to investigate and report to him or her the causes and cures thereof, and the Mayor may also conduct his or her own investigation. Thereafter, the Mayor may order specified remedial action to be taken within reasonably feasible time limits. If such action is not taken, or is ineffective, or if within 30 days the franchisee files with the Board of Commissioners a notice of objection to the order, the Board of Commissioners may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the franchisee, take appropriate action pursuant to the terms of this chapter.
   (F)   Complaint review procedures. A franchisee shall ensure that all subscribers, programmers and members of the general public have recourse to a satisfactory hearing of any complaint. The town shall work closely with a franchisee and members of the public to establish procedures for handling and settling complaints. A franchisee shall present to the Board of Commissioners for its approval, no later than six months after the acceptance of the franchise, a set of rules, regulations and procedures reasonably designed for the prompt handling and settling of complaints.
   (G)   Sale and service of receivers prohibited. The franchisee shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts of accessories, and shall not require or attempt to influence its subscribers to deal with any particular person in regard thereto. Further, the franchisee shall not require the removal nor offer to remove any existing antenna as a condition of providing cable service.
   (H)   Use of production equipment. A user of cablecast facilities may not be required to use the franchisee’s production equipment but must be allowed to use any other production equipment that is compatible with the franchisee’s facilities. The franchisee is encouraged to use standard quality equipment.
   (I)   Open books and records.
      (1)   The franchisee shall keep complete and accurate books of accounts and records of its business under and in connection with its franchise.
      (2)   All such books and records shall be maintained at the franchisee’s business office within the town or the county and accessible to the town.
      (3)   The town shall have access to all books and records at any time during reasonable business hours, and may examine officers and employees informally or under oath in respect thereto.
      (4)   Access shall also be given to the town, on request, to all supplementary or underlying financial and engineering records and reports.
   (J)   Current reports. The following reports must be filed with the Mayor at Town Clerk-Treasurer’s office when the specified event occurs:
      (1)   Any instrument of change in or transfer of an interest in the franchisee or its assets or franchise;
      (2)   Any change in or addition to the directors or officers of the franchisee;
      (3)   Any contract or transaction with an affiliated company, respecting the cable system, together with full particulars and a copy of any written agreement or a written summary of any verbal agreement; and
      (4)   Any changes in the franchisee’s rules and regulations governing the conduct of its business.
   (K)   Permits and authorizations. The franchisee shall diligently apply for all necessary permits, agreements, authorizations and contracts required in the conduct of its business and shall diligently pursue the acquisition thereof, including necessary pole attachment contracts and necessary authorizations from the Federal Aviation Administration to construct the receiving antenna towers as may be required and any necessary authorization or waivers from the FCC, and when any permit is obtained, a copy thereof shall be promptly filed by the franchisee with the Mayor at Town Clerk-Treasurer’s office.
   (L)   Filings and communications with regulatory agencies. Copies of all communications, including petitions, applications, pleadings and reports, as well as official correspondence sent to or received from the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise, shall also be submitted simultaneously to the Mayor at the Town Clerk-Treasurer’s office.
   (M)   Quarterly reports. The franchisee shall file with the Mayor at the Town Clerk-Treasurer’s office on a quarterly basis construction reports until the system is completed.
   (N)   Annual reports. If written request is made by the Mayor, the following reports shall be filed by the franchisee with the Mayor (at the Town Clerk-Treasurer’s office) annually, no later than February 1, except where otherwise provided:
      (1)   A summary of complaints received during the preceding calendar year showing nature of the complaint, area of the town, disposition and complaints subsequent to disposition;
      (2)   A total facilities report together with a current system map showing the location and total miles of plant and equipment installed and/or operating at the close of the preceding calendar year;
      (3)   A map of system;
      (4)   One copy of each type of agreement currently offered to subscribers and to users;
      (5)   (a)   A complete set of current rules and regulations of the operator incorporating the latest amendments filed with the town; and
         (b)   In addition, the franchisee shall file a complete financial audit statement including a statement of income to be certified by a public accountant to be submitted no later than 90 days after the end of the preceding fiscal year of the franchisee and the reports on other topics as the Board of Commissioners may direct.
      (6)   A complete financial audit statement including a statement of income to be certified by a public accountant to be submitted no later than 90 days after the end of the preceding fiscal year of the franchisee.
      (7)   Reports on other topics as the Board of Commissioners may direct.
   (O)   General reports. A franchisee shall prepare and furnish to the town, at the times and in the form prescribed by the Mayor or Board of Commissioners, such reports with respect to its operation, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the functions of the town in connection with this chapter.
(Prior Code, § 114.14)  (Ord. passed 11-12-1981)