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The overall quality of service provided by the Grantee to subscribers may be subject to evaluation by the Grantor in conjunction with the annual review set forth in § 11.30.330. In addition, the Grantor may evaluate the quality of service at any time, based upon the number of subscriber complaints received by the Grantee and the Grantor, and the Grantee's response to those complaints. The Grantor's evaluation that service quality is inadequate may lead to direction to the Grantee to cure the inadequacies. The Grantee shall commence corrective action within thirty (30) days after receipt of written notice. Failure to do so shall be deemed to be a breach of the franchise and subject to the remedies prescribed in § 11.30.915. The Grantor, after due process, may utilize the performance bond and/or security of § 11.30.405 and § 11.30.410, respectively, to remedy any such franchise breach.
('65 Code, § 35B-8(g)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
It is Grantor's intent tenants not be discriminated against in the ability to subscribe to cable services. The Grantee shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the franchise area, so long as the owner of the facility consents in writing, if requested by the Grantee, to the following:
A. To the Grantee's providing the service to units of the facility;
B. To reasonable conditions and time for installation, maintenance, and inspection of the system on the facility premises;
C. To reasonable conditions promulgated by the Grantee to protect the Grantee's equipment and to encourage widespread use of the system; and
D. To not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not.
('65 Code, § 35B-8(h)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its obligations under the franchise, and to assure an uninterrupted service to each and all of its customers; provided, that, such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable State and Federal laws, rules and regulations.
('65 Code, § 35B-8(i)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. The Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, PEG access channel users, or general citizens on the basis of income, race, disability, color, religion, national origin, age or sex. Nothing contained herein shall prohibit the Grantee from establishing reasonable policies regarding credit risks, subscriber deposits or advance payment policies, or from refusing to provide service to any household which has a history of nonpayment, damage to the Grantee's equipment, or has threatened or assaulted the Grantee's employees. The Grantee shall comply at all times with all other Federal, State and local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this Chapter by reference.
B. The Grantee shall strictly adhere to the equal employment opportunity requirements of Federal, State and local law and regulations in effect on the date of the franchise grant, and as amended from time to time.
C. The Grantee's policy with regard to personally identifiable information shall be consistent with Federal law.
D. Fairness of accessibility. The entire system of the Grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the system, and no one shall be arbitrarily excluded from its use.
('65 Code, § 35B-8(j)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
A. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify, or sell the system, or the Grantor gives notice of intent to terminate or fails to renew this franchise, the Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service.
B. In the event of a change of Grantee, or in the event a new operator acquires the system, the original Grantee shall cooperate with the Grantor, the new Grantee or operator in maintaining continuity of service to all subscribers. During such period, the Grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.
C. In the event the Grantee fails to operate the system for seven (7) consecutive days without prior approval of the Grantor or without just cause, the Grantor may, at its option, and without further process impose liquidated damages not to exceed Five Hundred Dollars ($500.00) per day for each succeeding day that service remains unavailable.
('65 Code, § 35B-8(k)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
Every employee of the Grantee or its contractors or subcontractors shall be clearly identified on sight to the public as a representative of the Grantee. Every vehicle of the Grantee or its contractors or subcontractors shall be similarly identified. The Grantee's telephone number shall also be clearly marked on all such vehicles.
('65 Code, § 35B-8(l)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)
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