(A) General technical standards and customer service practices.
(1) This section incorporates technical standards and establishes customer service practices with which a grantee must comply. In addition, a grantee shall comply with any additional or stricter requirements established by FCC regulations, or other federal regulation that may be adopted or amended from time to time.
(2) A grantee shall maintain equipment and keep records as are required to enable the grantor to determine whether the grantee is in compliance with all standards required by these regulations and other applicable laws.
(B) Books and records available to the grantor.
(1) The grantee shall maintain an office within the town. The town shall have the right, upon reasonable notice, to inspect and copy or transcribe at any time, during normal business hours, all books, records, maps, plans, financial records, service complaint logs, performance test results and other like materials of the grantee kept or maintained by grantee or under its control concerning the operations, finances, affairs, transactions or property of grantee when necessary to ascertain the grantee’s compliance with this chapter or the franchise agreement. Access to the aforementioned records shall not be denied by the grantee on the basis that the records contain proprietary information. Access to proprietary information shall be allowed at a site of the grantee’s choosing and shall be held in confidence by the town.
(2) If any of the maps or records are not kept in the town, or upon reasonable notice made available in the town, and if the town shall determine that an examination of the records is necessary or appropriate, all reasonable expenses necessarily incurred in making the examination shall be paid by grantee.
(C) Reports required. The grantee shall file with the town, upon reasonable request:
(1) Regulatory communications. All reports required by the Federal Communications Commission (FCC), including but not limited to annual proof of performance tests and results, Equal Employment Opportunity (EEO) reports, and all petitions, applications and communications of all types submitted by grantee to the FCC, the Security and Exchange Commission (SEC), or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of grantee’s system;
(2) Facilities report. An annual report setting forth the physical miles of plant construction and plant in operation at the end of the fiscal year will be made available at the local office of the grantee for review by the town;
(3) Rebuild/upgrade/construction reports. These reports shall be sent to the town 30 days after the initial franchise agreement is awarded and monthly thereafter until construction is completed as specified in this chapter or the franchise agreement;
(4) Proof of performance tests. Proof of performance test results performed as required by the FCC shall be supplied to the town;
(5) Test required by town. Tests required by town as specified in this chapter shall be submitted within 30 days of notification;
(6) Grantee rules. The grantee’s schedule of charges, regular subscriber service policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the grantee’s policy in connection with its subscribers shall be in accordance with applicable state and federal laws, rules or regulations;
(7) Proof of bonds and insurance. Grantee shall submit to the town the required performance bond, or a certified copy thereof, and insurance certificates as required under the terms and conditions described in this chapter;
(8) Financial and ownership reports. The following financial reports for the franchise area shall be submitted to the town, upon reasonable notice and as required by the town:
(a) A statement verifying the amount of gross annual revenues derived from the franchise, certified by the Vice President for Finance or a duly authorized officer or manager of the grantee; and
(b) An annual list of officers and members of the Board of Directors of grantee and of grantee’s parent corporation, if applicable.
(9) Additional reports. The grantee shall prepare and furnish to the town at the times and in the form prescribed any additional reports with respect to its operation, affairs, transactions or property, as may be reasonably necessary and appropriate to ascertain grantee’s compliance with this chapter or the franchise agreement.
(D) Technical standards. The technical standards used in the operation of a system shall comply, at a minimum, with the technical standards promulgated by the FCC relating to cable systems pursuant to the FCC’s rules and regulations found in Title 47, §§ 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The results of any tests required by the FCC, or a franchise agreement shall be made available to the town within 30 days of written request.
(E) Test and compliance procedure.
(1) Tests for a system shall be performed periodically in a manner so as to conform to FCC specifications. The town shall notify the grantee of its desire to witness the tests for a period of 90 days beyond the date of request. Grantee shall notify the town at least five business days prior to conducting the tests. Representatives of the town may witness the tests and written test reports shall be made available to the town upon request. If any test locations fail to meet these specifications, the grantee shall be required to indicate what corrective measures have been or will be taken. Grantee shall have the site re-tested on a timely basis as needed.
(2) Complaints. Whenever there have been similar complaints made or when there exists other evidence, which, in the reasonable judgment of the town, casts doubt on the reliability or quality of the grantee’s system, the town shall have the right and authority to compel the grantee to test, analyze and report on the performance of its system. The town may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber’s terminal. Reports on the tests shall be delivered to the town no later than 30 days after the town formally requests the tests 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 the testing; the results of the tests; and methods by which the complaints were resolved. The tests and analyses shall be supervised by an engineer or other trained technical specialist who shall sign all records of the special tests and forward same to the town with a report interpreting the results of the tests and recommending what actions should be taken by the town. All the tests conducted by grantee shall be at the expense of the grantee.
(3) Consultants. The town shall have the right to employ or contract with qualified consultants and attorneys, if necessary or desirable, to assist in the administration of this or any other section of this chapter or the franchise agreement. If test results differ by more than 10% from the FCC technical standard, the grantee shall reimburse the town for its reasonable costs associated with the testing.
(F) Emergency requirements. Each grantee must provide emergency alert override capabilities in a manner consistent with the FCC’s emergency alert system (“EAS”) rules and consistent with any state and/or regional emergency alert system plans adopted in response to the FCC’s EAS rules that are applicable to the franchise area.
(G) Programming decisions. Each grantee shall provide programming from each of the broad programming categories identified in its franchise agreement. All programming decisions remain within the sole discretion of each grantee, provided that each grantee complies with federal law regarding notice to grantor and subscribers prior to any channel additions, deletions or realignments, and further subject to the grantee’s signal carriage obligations pursuant to 47 U.S.C. §§ 531 through 536, as may be amended and subject to the town’s rights pursuant to 47 U.S.C. § 545, as may be amended. The grantee shall use its good faith efforts to ensure diversity of programming.
(H) Cable system office hours and telephone availability. Attached as Appendix A are the Federal Communication Commission (FCC) Customer Service Standards with which grantee must comply.
(I) Parental control. Every grantee shall make available to any subscriber upon request a “lockout” device for blocking both video and audio portions of any channel(s) of programming entering the subscriber’s premises. The device shall be provided at a reasonable charge, except to the extent that federal law specifically provides otherwise. The grantee may, however, require a reasonable security deposit for the use of this device. This section shall not apply to channels that are on the basic or expanded basic tier of programming unless the subscriber receives service via a programmable terminal device, such as a converter.
(J) Periodic subscriber survey. The franchise agreement shall provide terms for a periodic subscriber survey to assess the cable service needs and interests of the community throughout the term of the franchise as well as procedures for review and implementation of changes identified through any survey.
(K) Installations exceeding standard installation. Service drops in excess of 150 feet and concealed wiring in the home shall be charged to the subscriber based upon time and material. The desire of the subscriber as to the point of entry into the residence shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The grantee shall use due care in the process of installation and shall repair any damage to the subscriber’s property caused by the installation. Restoration shall be undertaken within no more than ten days after the damage is incurred and shall be completed as soon as possible thereafter.
(L) Service area and line extension policy.
(1) Discrimination. No grantee may discriminate in the build-out of its system to a particular area of the town in providing service to an individual or groups of residents on the basis of race, creed, religion or economic condition. Unless the franchise agreement provides otherwise, every grantee shall serve all areas of the town equally with populations of at least 15 residential dwelling units per cable mile as measured from a grantee’s existing distribution system, including areas annexed subsequent to the grant of the franchise. The franchise agreement shall provide a schedule of the areas to be served, and the specific build-out requirements of the grantee, and shall also describe the process for extending service to areas that will meet minimum density requirements at some future date. Unless the franchise agreement provides otherwise, every grantee shall extend service to commercial areas at no additional costs where the costs to do so does not exceed the same costs of providing service in a residential area with a density of 15 homes per mile.
(2) Stages. During the initial construction phase of a new system, a grantee may implement its system in stages pursuant to a schedule and line extension policy established in its franchise agreement that serves all areas of the town equally, provided that any deviation from the service and line extension requirements of this chapter do not discriminate between different areas of the town on the basis of race, creed, religion or economic condition. A grantee of a new franchise shall comply with all customer service obligations with respect to customers whose premises are passed by portions of the grantee’s network which are fully activated, tested and available for service.
(3) Cost-sharing. Pursuant to division (L)(1) of this section, and in franchise agreements with a 15 homes-per-mile requirement in areas with less than 15 homes per proposed cable mile, grantee shall offer a cost-sharing arrangement to residents. Grantee shall bear its pro rata share of the current construction costs based upon the actual number of homes per mile. The cost-sharing arrangement shall consist of the following: on the request of a subscriber desiring service, grantee shall prepare, at its cost, an engineering survey and cost analysis to determine the cost of the plant extension required to provide service to the subscriber from the closest usable point on the cable system. The cost of construction shall be allocated based on the following formula: if a request for extension into a residential area requires the construction of cable plant which does not pass at least 15 homes per cable mile, a proportionate share of construction costs shall be borne by grantee and by the subscribers. For example, if there are ten dwelling units per mile, grantee’s share will equal 10/15th of the construction cost. The remaining cost will be shared equally by each subscriber in the area to be constructed. The line extension formula shall also be applied to a portion of a cable mile meeting proportionate density requirements. For example, if there are seven dwelling units per one-half mile, the grantee shall construct the plant. The cost sharing described above would be utilized if there were less than the proportionate share of dwelling units per the portion of a mile needed to reach the dwelling units. Should additional subscribers request cable service, subscribers utilizing the cost-sharing plan for extension shall be reimbursed pro rata for their contribution or a proportional share thereof. In that case, the pro rata shares shall be recalculated and each new subscriber shall pay the new pro rata share, and all prior subscribers shall receive refunds. In any event, at the end of 24 months from completion of the project, the subscribers are no longer eligible for refunds, and the amounts paid by subscribers will be credited to the plant account of the grantee. The average cost of the line extension shall be recalculated annually based upon the current costs of labor and material. Each person contributing toward the direct cost of the line extension shall waive all ownership interest in the line extension. All equipment and components of the line extension, including but not limited to cable wire, electronics and pedestals, shall at all times remain the exclusive property of the grantee.
(M) Town monitoring. In addition to free cable service required by this chapter, grantee shall provide one service feed to Town Administration Offices (unless otherwise specified by town) that shall receive without charge all basic and expanded basic cable programming provided by grantee. This service shall be provided in such a manner that the town may monitor the programming and use of the cable system for compliance with the franchise agreement and this chapter. The services provided pursuant to this requirement shall be in a secure office location, and not in a location open to public viewing.
(N) Access to inside wiring. Access to, and ownership of, inside wiring shall be in accordance with §§ 76.800 et seq. of the FCC rules and regulations as the same may be amended from time to time.
(Ord. eff. 10-8-2001)