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(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)
The grantee shall comply with all present and future FCC rules and regulations, as applicable, regarding subscriber privacy, and in the absence of such the grantee shall comply with the following;
(A) At the time of entering into an agreement to provide any cable service or other service to a subscriber, and at least once a year thereafter, the grantee shall provide notice, in the form of a separate written statement to each subscriber, which clearly and conspicuously informs the subscriber of:
(1) The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;
(2) The nature, frequency and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;
(3) The period during which such information might be maintained by the cable operator.
(4) The times and places at which the subscriber may have access to such information in accordance with this chapter and other applicable federal, state and local law.
(B) The grantee shall not use the cable system to collect personally identifiable information concerning any subscriber, except as necessary to render a cable service or other service provided by the cable operator to the subscriber, or to detect unauthorized reception of cable communications, without the prior written or electronic consent of the subscriber concerned.
(C) The grantee shall not, without the specific written or electronic consent of the subscribers concerned, sell, disclose or otherwise make available to any party any list of the names and addresses of individual subscribers, any list which identifies the viewing habits of individual subscribers, or any personal data, social security number, income and other data the grantee may have on file about individual subscribers, except as necessary to render or conduct a legitimate business activity related to a cable service or other service provided by the cable operator to the subscriber, or pursuant to a court order, or if the grantee has provided the subscriber the opportunity to prohibit or limit such disclosure and the disclosure does not reveal directly or indirectly the extent of viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or the nature of any transaction made by the subscriber over the cable system.
(D) The grantee shall not predicate regular subscriber service on the subscriber’s grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may at any time revoke any permission previously given by delivering to the grantee a written statement of that intent.
(E) Each subscriber shall be provided access to all personally identifiable information regarding such subscriber that the grantee collects or maintains. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by the grantee. The subscriber shall be provided the reasonable opportunity to correct any error in such information.
(F) The grantee shall destroy personally identifiable information, if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under division (B) pursuant to a court order.
(G) This section is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance.
(Ord. passed 2-16-93)
(A) Nondiscrimination required. The grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, age, sex, or physical or mental handicaps, provided the subscriber shall pay all applicable fees for the service desired. The grantee shall comply at all times with all other applicable federal, state and local laws and regulations relating to nondiscrimination which may hereafter be incorporated and made part of this chapter by reference.
(B) Fairness of accessibility. The entire system of the grantee shall be operated in a manner consistent with the principles 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 network; and no one shall be arbitrarily excluded from its use; provided, however, that allocation of use of said facilities shall be made according to the rules or decisions of the grantee and any regulatory agencies affecting the same.
(C) Information accessibility.
(1) Each individual shall have the right to information concerning the provisions of this chapter and the rules and regulations formulated pursuant to it by the Council, agent or entity created hereunder or pursuant to this chapter. The location and hours of operation for the delivery of such information shall be published in the newspaper of the greatest circulation within the city and in such other media as the Council may determine.
(2) Each individual subscribing to the services of the cable communications system or leasing channels thereof or using the access channels shall be provided with a memorandum setting forth all rules and regulations specifically outlining such individual rights, duties and obligations pertinent to such use.
(3) Such information as may herein be prescribed will be made available to the public and individual subscribers in such form required for understanding; including the deaf and blind, and in such languages as may be specified by the Council.
(4) Each document required to be maintained, prepared, filed or submitted under the provisions of this chapter or pursuant to it, except those required and designated confidential by the grantee or the Federal Communications Commission, shall be a public document, available for public inspection and copying at the requestor’s expense, at the office of the grantee or the city during normal business hours.
(5) The charge for such copying shall approximate the cost of mechanical reproduction and shall not include a charge for labor.
(5) Each individual shall have the right to representation on such boards, commissions, agencies or other entities created hereunder or hereafter by the Council pursuant to the provisions of this chapter. Such representation by citizens of the city shall be in the manner and form as the Council may determine, ensuring equal participation of all protected groups.
(Ord. passed 2-16-93)
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