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(A) Within 30 days of the granting of a franchise pursuant to this chapter, the grantee shall provide the city with a written progress report detailing work completed, if any, to date. Such report shall include a description of the process in applying for any necessary agreements, licenses or certifications and any other information the City Manager may deem necessary.
(B) Such written progress reports shall be submitted to the city on a monthly basis throughout the entire construction process. The City Manager may require more frequent reporting, if he determines it is necessary to better monitor the grantee’s progress.
(C) Prior to the commencement of any system construction, the grantee shall produce an informational document to be distributed to all residents of the area to be under construction, which shall describe the activity that will be taking place.
(Ord. passed 2-16-93)
The grantee will comply with all FCC rules and regulations regarding tests and performance monitoring of its cable tv system providing copies of its results to the city and in the absence of such rules and regulations the grantee shall comply with the following:
(A) Not later than 90 days after any new or substantially rebuilt portion of the system is made available for service to subscribers, and thereafter on the third anniversary of the effective date of the franchise, the grantee shall conduct technical performance tests to demonstrate substantial compliance with all technical standards contained in this chapter and the franchise agreement and the applicable technical standards and guidelines of the FCC.
(B) Such tests shall be performed by or under the supervision of a qualified registered professional engineer or an engineer with proper training and experience. A copy of said engineer’s report shall be submitted to the city, describing test results, instrumentation, calibration and test procedures and the qualification of the engineer responsible for the tests.
(C) System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities. Such periodic tests shall be made at the test points as shall be required by the FCC and/or the franchise agreement.
(D) In addition to the performance test reports required herein, a copy of any performance test reports required by the FCC shall be submitted to the city within 60 days of completion.
(E) (1) Whenever there have been similar complaints from more than 10% of the subscribers to the grantee’s system made, or when there exists other substantial evidence which, in the judgement of the city, casts doubt on the reliability or quality of the grantee’s system, the city shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system.
(2) Reports on such tests shall be delivered to the city no later than 14 days after the city reasonably notifies the grantee and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and methods by which said complaints were resolved.
(3) Said tests and analyses shall be supervised by a professional engineer, who shall sign all records of the special tests and forward same to the city with a report interpreting the results of the tests and recommending what actions, if any, should be taken by the grantee or city.
(F) The city shall have the right to employ, at the city’s expense, qualified consultants if necessary or desirable to assist in the administration of this or any other section of this chapter or the franchise agreement.
(Ord. passed 2-16-93)
DIVISION 6: SERVICE
(A) Concurrently with the activation of the cable communications system in the city, the grantee shall provide those services to subscribers as described in the franchise agreement or services of similar mix, quality and level.
(1) Should the grantee desire to change the selection of programs or services offered on any of its tiers, it shall use its best efforts to maintain the mix, quality and level of services provided over the system. Any such change in programs or services offered shall comply with the conditions and procedures contained in the franchise agreement and shall be reported to the city at least 30 days prior to the proposed implementation when possible. The grantee shall use its best efforts to ensure diversity of programming.
(2) A basic service tier shall be offered to subscribers throughout the term of this franchise.
(3) The grantee shall provide and maintain, at a minimum, the following access channels, which may be combined into one or more existing channels, whose purposes are outlined below:
(a) Reserved.
(b) “Educational channel,” which shall be a specifically designated channel for use by local public school authorities.
(c) A “public access channel,” which shall be a specifically designated channel available on a first come, first served, nondiscriminatory basis to qualified users.
(4) Reserved.
(5) The grantee shall provide, when normal installation is possible, basic service and one free outlet to each of the following public facilities located within 300 feet of existing service lines of the grantee: all courthouses, prisons, libraries, detention centers, police and fire stations, municipal office buildings and public schools. The grantee shall notify the city in writing when normal installation is not possible. No monthly service fee shall be charged for any such outlet. The grantee shall provide service to new construction hereafter for the above public facilities, provided they are within 300 feet of the existing service lines of the grantee. The city reserves the right to provide service to public facilities outside of the franchised area at its own expense.
(B) Emergency override. The grantee shall, without charge, provide service and maintain public emergency transmission capabilities, as described in the franchise agreement.
(Ord. passed 2-16-93)
(A) Standard installations. Standard installation shall consist of a subscriber connection not exceeding 200 feet from a single point or pedestal attachment to the customer’s residence. Service in excess of 200 feet and concealed wiring shall be charged not to exceed additional installation costs before installation begins. The desire of the subscriber as to the point of entry into the residence shall be observed whenever possible, subject to the grantee’s good faith judgment in regard to, but limited to, safety, efficiency and system performance. The grantee shall use due care in the process of installation and shall repair any damage to the subscriber’s property caused by said installation. Such restoration shall be undertaken within a reasonable time after the damage is incurred and shall be completed as soon as possible thereafter, said time not to exceed 15 days, weather permitting.
(B) Antennas and antenna switches. The grantee shall not, as a condition to providing cable communications service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over the air television signals.
(C) Lockout devices. The grantee shall provide to the potential subscriber, as part of its promotional literature, information concerning the availability of a lockout device for use by a subscriber. The grantee reserves the right to require a reasonable deposit for the use of this device. The lockout device described herein shall be made available to all subscribers requesting it, beginning on the first day that any cable service is provided or, in the case of a renewed or extended franchise, on the effective date of such renewal or extension.
(D) Reconnection. The grantee shall restore service to customers wishing restoration of service, provided the customer shall first satisfy any previous obligations owned. Further, any such reconnection may be on terms and conditions established by the grantee.
(E) Free disconnections. Subscribers shall have the right to have cable service disconnected or deauthorized without charge therefor. Such disconnection or deauthorization shall be made as soon as practicable and not to exceed five days. A refund of unused service charges shall be paid to the customer within 30 days from the date of termination of service.
(F) Delinquent accounts. The grantee shall use its best efforts to collect delinquent subscriber accounts. Whenever possible, the grantee shall provide the customer with at least seven working days written notice prior to disconnection.
(Ord. passed 2-16-93)
(A) The company shall establish, operate and maintain in the city a business office and maintenance and repair facility for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation and maintenance of the system and for the payment of subscribers’ service charges.
(B) The grantee shall have a listed, toll free, telephone number for service calls, and such telephone service shall be answered 16 hours per day (8:00 a.m. to 12:00 midnight), seven days a week. The remaining eight hours of each day (12:00 midnight to 8:00 a.m.) such telephone service shall be mechanically answered with the caller’s inquiry or repair call information mechanically recorded with response dispatched at the beginning of the following day.
(C) The grantee shall respond to and resolve subscribers’ complaints or requests for service in connection with repairs and maintenance and malfunctions of system facilities. The grantee shall respond as quickly as possible to such complaints and requests. Complaints or requests which may pose a potential health and safety hazard will be responded to immediately. In connection with billing complaints, the grantee shall respond within five business days.
(D) The grantee shall prepare and file with the city copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The grantee shall, by appropriate means, such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the office or agent to whom such inquiries or complaints are to be addressed, and furnish information concerning the city office responsible for the administration of the franchise, including, but not limited to, the address and telephone number of said office.
(E) The grantee shall keep full records in connection with all complaints and requests in the nature of complaints in connection with the system. Such records shall identify the person contacting the grantee and the person responding on behalf of the grantee, the subject matter of the contract, the date and time it was received, the resolution of the matter in question or the action taken by the grantee in connection with the contact, and the date and time thereof, and such other information as may be deemed pertinent by the grantee. These records shall be made available for periodic inspection by the city after 48 hours’ notice to grantee.
(F) The grantee shall service or replace without charge all equipment provided by it to the subscriber, provided, however, that the grantee may charge a subscriber for service to or replacement of any equipment damaged directly or indirectly by a subscriber.
(G) The city may review and monitor unresolved customer complaints.
(H) In the event that any subscriber is interrupted for 24 or more consecutive hours due to causes within the grantee’s control, the grantee shall provide a prorated rebate of monthly fees to the affected subscriber upon the subscriber’s request.
(Ord. passed 2-16-93)
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