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(A) To the extent permitted by law, the operator shall at all times defend, indemnify, protect, save harmless, and exempt the city, Mayor and City Council members, their officers, and employees from any, and all, penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, which may arise out of, or be caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the system within the city by a negligent act or omission of the operator, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, attorneys' fees are included as those costs which may be recovered by the city.
(B) The city, Mayor, and City Council specifically reserve the right to retain counsel of their own choice, at their own expense.
(C) If the operator obtains counsel for the city, the Mayor, or the City Councilpersons, then any one of them shall have the right to approve counsel, provided, however, that the city shall not unreasonably withhold their approval of counsel.
(D) With respect to the operator's own defense of such actions noted in this section, it is understood that such operator reserves the right to select and retain, without the city's approval, counsel of the operator's choice, at the operator's own expense.
(Ord. O-19-08, passed 11-11-08)
(A) The franchisee shall maintain insurance from companies approved by the city, such approval not to be unreasonably withheld, to protect the city and the franchisee and their officers, agents and employees from and against claims caused by the construction, erection, operation or maintenance of any aspect of the system. The amount of such insurance shall be no less than the following:
(1) Commercial General Liability Insurance:
Per occurrence $5,000,000
Products and completed operations aggregate $5,000,000
Property damage general aggregate $5,000,000
(2) Commercial Automobile Insurance:
Per occurrence $5,000,000
(B) These limits may include self-insured retentions. Workers' compensation shall also be provided as required by the laws of the Commonwealth of Kentucky. Commercial general and automobile insurance shall include the city, as additional insured for their vicarious liability and shall provide 30 days notice to the city in the event of cancellation of any coverage afforded in said policies prior to the date said cancellation shall become effective. Certificates of insurance certifying the policies required hereunder shall be furnished to and filed with the City Clerk prior to the commencement of operations or the expiration of prior certificates, as the case may be.
(Ord. O-19-08, passed 11-11-08)
(A) The operator shall timely submit those reports, statements, and logs required by this franchise.
(B) Certificates of insurance for renewal or replacement insurance policies shall be delivered to the city at least 15 days before the expiration of the insurance which such policies are to renew or replace.
(C) The operator shall submit a report to the city, within 90 days after the close of each quarter of its fiscal year, which contain for the previous quarter:
(1) A customer complaint log which identifies service related complaints by customers and the resolution of those complaints;
(2) The number of additional subscribers to the system;
(3) Changes that have occurred in the programming offered by the system;
(4) Additional line extensions and construction activity;
(5) A compliance report on the system's compliance with the franchise's customer service standards;
(6) A list of all reports and petitions filed by the system with the Federal Communications Commission; and
(7) A compliance report certifying that the system complies with federal signal leakage tests and all other federally mandated tests. If said tests reveal noncompliance, the nature of noncompliance shall be specified.
(Ord. O-19-08, passed 11-11-08)
(A) The operator shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with the system.
(B) The city shall have the right to review at the operator's primary administrative office, all records, pertaining to the city's regulation of the operator's cable operations in the city, on seven days written notice. Such review, unless mutually agreed upon, or judicially ordered, should occur within the operator's regular office hours.
(C) The city shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of the operator. If, after a financial audit, it is determined that the operator has underpaid amounts owed to the city (in excess of 5%), then the city may require the operator to reimburse the city for the actual cost of the audit. Provided, however, absent fraud, all audits shall be binding on the city.
(D) The operator, at the local office, shall keep complete and accurate books and records of the key aspects of the system's operation in the city for at least the preceding three years in such a manner that all matters pertaining to the city can be easily produced and/or verified at the city's request. Also, the operator shall make available, on seven days advance written notice, those records that pertain to its operation of the system that may be required by any other federal or state agency having jurisdiction over cable operators. Provided, however, that with respect to the obligation to maintain financial records, the operator shall only be required to maintain the financial records required by federal law.
(E) Communications with regulatory agencies. A listing of all petitions, applications, communications, reports and all other documents submitted by the franchisee to the FCC or any other federal or state regulatory commission or agency shall be filed with the city annually and all such documents shall be available for inspection at franchisee's office.
(F) Annual report. No later than 90 days after the close of the franchisee's fiscal year, the franchisee shall submit a written report to the city that contains information as determined by the city including a summary of complaints and any special reports required by the city.
(G) All filings and reports required of the franchisee or any applicants by this chapter or any franchise agreement shall be made to the city.
(Ord. O-19-08, passed 11-11-08)
(A) In order to provide customers with the variety of information needed to make an informed decision, and to ensure that customers are notified of the rights and responsibilities of the customer and the operator with respect to the cable system, the operator shall provide customers with a written "Notice of a Customer's and Operator's Rights and Responsibilities."
(B) Unless expressly prohibited by the state, the operator may comply with any notice requirements by providing said "Notice" by mail to the subscriber, through newspaper publication or over the cable system, on a channel clearly designated for the dissemination of such information - (such a channel need not be solely designated for dissemination of such information, and may, in fact, be used at other times for any lawful purpose).
(Ord. O-19-08, passed 11-11-08)
(A) When the operator provides a notice to customers concerning their rights such "Notice" should contain the following:
(1) An up-to-date listing of services provided;
(2) Notification of a subscriber's ability to purchase or lease, from the operator, parental control mechanisms, or other device which will prohibit the viewing of a particular program service during a period selected by the subscriber;
(3) A listing and explanation of rates and charges, credit refund policy, connection and involuntary disconnection policies;
(4) The complaint resolution procedures;
(5) A listing and explanation of billing options available (such as monthly or yearly, and/or discounts for pre-payments);
(6) The customer service office hours and telephone number(s);
(7) The method of securing a voluntary disconnection; and
(8) The equipment use and return policy together with any required security deposits.
(B) The "Notice" shall be in plain, simple, understandable English.
(C) The "Notice" may be delivered to a subscriber via an insert in the subscriber's periodic invoice, through a special mailing, by newspaper or publication over a channel clearly designated for the dissemination of such information.
(Ord. O-19-08, passed 11-11-08)
(A) Whenever there is a change in the operator's billing practices or payment requirements, the operator shall notify subscribers within 30 days of the effective date of such billing practices or payment requirements.
(B) In any case where a subscriber requests a cancellation or reduction of service within 30 days after the notification of a scheduled rate or charge adjustment, then the subscriber's liability for the newly implemented rate or charge shall cease from the moment that the rate or charge adjustment becomes effective.
(Ord. O-19-08, passed 11-11-08)
The operator shall, upon request by a subscriber, provide that subscriber with a pro-rata credit for a service outage or interruption exceeding one service day in duration, provided that the outage is not caused or is not a result of matters beyond the immediate control of the operator.
(Ord. O-19-08, passed 11-11-08)
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