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A. Test and compliance procedure. The Grantee shall submit, within sixty (60) days after the effective date of the Franchise Agreement, a detailed test plan describing the methods and schedules for testing the Cable Communications System on an ongoing basis to determine compliance with the FCC requirements and/or guidelines, and provisions of the Franchise Agreement. System tests shall be performed at intervals no greater than twelve (12) months.
B. Special tests. At any time after commencement of service to subscribers the Grantor may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The Grantor shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the Grantee or to the subscriber.
C. Costs of tests. The cost of all tests required by Subsections A. and B. above, and retesting as necessary, shall be borne by the Grantee.
('65 Code, § 35B-6(k)(3)—(5)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. Interconnection. The Grantor may request the Grantee to interconnect public usage channels of the Cable Communications System with any or all other cable systems in adjacent areas. Interconnection of systems shall permit interactive transmission and reception of program material, and may be done by direct cable connection, microwave link, satellite, or other appropriate method.
B. Interconnection procedure. Upon receiving the request of the Grantor to interconnect, the Grantee shall immediately initiate negotiations with the other affected system or systems, and shall report to the Grantor the results of such negotiation no later than sixty (60) days after initiation.
C. Relief. The Grantee may be granted reasonable extensions of time to interconnect or the Grantor may rescind its request to interconnect upon petition by the Grantee to the Grantor, if the Grantor finds that the Grantee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.
D. Cooperation required. The Grantee shall cooperate with any interconnection corporation, regional interconnection authority or City, County, State or Federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the franchise area.
E. Initial technical requirements to assure future interconnection capability.
1. Every Grantee receiving a franchise to operate a Cable Communications System within the franchise area shall use the same frequency allocations for commonly provided television signals so far as is technically and economically feasible.
2. The Grantee shall make a reasonable effort to provide local origination and access equipment that is compatible throughout the area served by the cable system.
('65 Code, § 35B-6(k)(6)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
SERVICE PROVISIONS; CONSUMER PROTECTION
A. Services to be provided. The Grantee shall provide the broad categories of video programming services listed in the Franchise Agreement. These categories shall not be reduced without prior notification to the Grantor.
B. Basic cable service. The "Basic Cable Service" shall include any service tier which includes the retransmission of local television signals. This service shall be provided to all subscribers at the established monthly subscription rates.
C. Local origination channel(s). If local origination programming is provided, the Grantee shall operate any cable-casting studios on a high-quality, professional basis for the purpose of providing cablecast programming responsible to local needs and interests.
D. Public, Educational and Government (PEG) Access facilities. The Grantee shall provide the PEG Access facilities including channel capacity, necessary interface equipment and cabling to permit operation as specified in the Franchise Agreement.
E. Cable channels for commercial use. The Grantee shall designate channel capacity for commercial use as required by applicable law.
('65 Code, § 35B-7) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
The Grantee shall maintain a local office to provide the necessary facilities, equipment and personnel to comply with the following consumer standards under normal conditions of operation:
A. Sufficient toll-free telephone line capacity during normal business hours to assure that a minimum of ninety percent (90%) of all callers for service will not be required to wait more than three (3) minutes before being connected to a service representative.
B. Emergency toll-free telephone line capacity on a twenty-four (24) hour basis, including weekends and holidays.
C. A business and service office open during normal business hours a minimum of forty-eight (48) hours per week, and adequately staffed to accept subscriber payments and respond to service requests and complaints.
D. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a twenty-four (24) hour basis.
E. An installation staff, capable of installing service to any subscriber within ten (10) days after receipt of a request, in all areas where trunk and feeder cable have been activated, and where lawful access has been obtained.
F. Grantee shall schedule, within a specified four (4) hour time period, all appointments with subscribers for installation or service, unless otherwise agreed to by a subscriber.
('65 Code, § 35B-8(a)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible.Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of the system, preferably between midnight and 6:00 a.m. A written log or an equivalent stored in computer memory and capable of access and reproduction, shall be maintained for all service interruptions and requests for cable service as required by § 11.30.920, Subsection E. herein.
B. The Grantee shall maintain a repair force of technicians normally capable of responding to subscriber requests for service within the following time frames:
1. System outage. Within two (2) hours, including weekends, of receiving subscriber calls which by number identify a system outage of sound or picture of one (1) or more channels, affecting all the subscribers of the system or a considerable number thereof.
2. Isolated outage. Within twenty-four (24) hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one (1) or more channels.
3. Inferior reception quality.
a. Within forty-eight (48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality.
b. The Grantee shall be deemed to have responded to a request for service under the provisions of this Subchapter when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, response shall be deemed to have taken place if the technician leaves written notification of arrival.
c. No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be repeated and noncable system in origin, or to involve subscriber negligence.
('65 Code, § 35B-8(b)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
('65 Code, § 35B-8(c)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
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