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(A) At any time, a subscriber, who does not have a separate contract with the operator, may request that a particular service tier, pay channel, premium channel, informational service, or the entire service be disconnected.
(B) A subscriber may request a downgrade from a particular level of service to a less comprehensive level of service or a less expensive level of service.
(C) From the date that such a subscriber makes such a request for either a disconnection or downgrade, the operator shall have ten days to disconnect or downgrade the service tier, pay channel, premium channel, informational service, or entire service. In the event that the operator does not disconnect or downgrade service within this period, a subscriber's obligation to pay for such service shall cease, or in the case of a downgrade, a subscriber's obligation to pay for the more comprehensive and/or higher priced service shall cease ten days from the date of the customer request.
(D) For a service tier, premium channel or informational service which is voluntarily disconnected, a subscriber shall pay a pro rata share of the monthly rate for such service tier, premium channel or informational service.
(E) Once a valid connection to a pay-per-view event occurs, the operator may collect the full advertised or quoted rate should the customer then attempt to disconnect the pay-per-view event.
(F) Provided that the operator does not have to make a trip or add additional equipment to the subscriber's location to perform a change in service, no separate disconnect or downgrade charge may be passed onto a subscriber if it chooses to take advantage of a lower-priced or less comprehensive service tier. However, to prevent subscriber abuse of this voluntary disconnection or downgrade policy, a subscriber shall be charged a minimum one month's full rate for any one service tier which is connected and then subsequently disconnected.
(G) If the operator's equipment is, or has been damaged by a subscriber, prior to disconnection, then the operator may charge the subscriber with the entire cost for such damage, provided that the operator notifies the subscriber within 30 days of the disconnection. A subscriber shall not be required to pay for equipment failure if the circumstances fall within the normal wear and tear guidelines.
(H) Any refund due a subscriber after disconnection (both for non-payment and voluntary) shall be made within 45 days after such disconnection.
(Ord. O-19-08, passed 11-11-08)
In the event of a subscriber billing or repair complaint, the complaint will be handled as follows:
(A) The operator shall have the initial response to a complaint occur no later than one service day after receipt of the complaint; and
(B) Every attempt will be made to resolve the complaint within 72 hours or three service days, whichever is longer, after receipt of the complaint.
(Ord. O-19-08, passed 11-11-08)
During any phase of construction, installation, maintenance, and repair of the system, the operator shall use materials of good and durable quality and all such work shall be performed in a safe, thorough, and reliable manner. Such work shall comply with FCC and industry standards.
(Ord. O-19-08, passed 11-11-08)
(A) All wires, conduits, cable (coaxial, fiber, or functional equivalent), and other property and facilities of the operator shall be so located, constructed, installed, and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the streets, rights-of-way, easements, and public ways of the city.
(B) In the event the operator's system creates a hazardous or unsafe condition or an unreasonable interference with property, then at its own expense, the operator shall voluntarily, or upon the request of the city, remove that part of the system that creates the hazardous condition from the subject property.
(C) The operator shall protect rights-of-way, easements, and support or temporarily disconnect or relocate in the same street or other public way, any property of the operator when necessitated by reason of:
(1) Traffic conditions;
(2) Public safety;
(3) A street closing;
(4) Street construction or re-surfacing;
(5) Change or establishment of street grade; or
(6) Installation of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines.
(D) It shall be the responsibility of the operator, within 72 hours of the request (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable (coaxial, fiber or functional equivalent) before employees, agents, or independent contractors of any entity with a valid permit installs cable or digs in the marked-off area. Any restoration expense or any damage caused to the operator's facilities resulting from the failure of an entity to have the operator's facilities located and marked or as a result of an entity constructing or digging in a location where the operator's facilities have been marked, will be the sole responsibility and liability of such entity who damaged the operator's facilities.
(E) The operator shall, on the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it, and the operator may require payment in advance. The operator shall be given not less than 21 days notice of a contemplated move to arrange for temporary wire changes.
(Ord. O-19-08, passed 11-11-08)
(A) The methods of construction, installation, maintenance, and repair of the system shall comply and be consistent with good engineering practices for cable television systems of similar size and design, and consistent with FCC technical standards.
(B) The operator shall advise the city when a proof of performance test is scheduled so that the city may have an observer present if so desired.
(Ord. O-19-08, passed 11-11-08)
(A) As a new entrant provider of cable television service, the company's ability to construct and extend its system will be largely dependent upon the market penetration and success it achieves over time. In recognition of this and the many challenges of being a new entrant, the parties agree to the following:
(1) The company will make its cable service available to at least 5% of the residential households existing in the franchise area by no later than June 30, 2010 ("Phase 1").
(2) If the company achieves a market penetration of at least 30% of the households passed by its cable system after completion of Phase 1, the company will make its cable service available to at least 20% of the residential households in the franchise area by no later than December 31, 2012 so long as the company is achieving a market penetration of at least 30% of the households passed by its cable system ("Phase 2"). Market penetration will be measured as of June 30th of each year during Phase 2. If the company is achieving a penetration of at least 30% of the households passed by its system as of June 30th the company will commit to build for the following calendar year on a schedule designed to achieve the Phase 2 buildout percentage by December 31, 2012 in roughly equal annual increments.
(3) If the company achieves a market penetration of at least 40% of the households passed by its cable system after completion of Phase 2, the company will make its cable service available to at least 40% of the residential households existing in the franchise area by no later than December 31, 2015 so long as the company is achieving a market penetration of at least 40% of the households passed by its cable system ("Phase 3"). Market penetration will be measured as of June 30th of each year during Phase 3. If the company is achieving a penetration of at least 40% of the households passed by its system as of June 30th the company will commit to build for the following calendar year on a schedule designed to achieve the Phase 3 buildout percentage by December 31, 2015 in roughly equal annual increments.
(4) If the company achieves a market penetration of at least 40% of the households passed by its cable system after completion of Phase 3, the company will make its cable service available to at least 60% of the residential households existing in the franchise area by no later than December 31, 2018 so long as the company is achieving a market penetration of at least 40% of the households passed by its cable system ("Phase 4"). Market penetration will be measured as of June 30th of each year during Phase 4. If the company is achieving a penetration of at least 40% of the households passed by its system as of June 30th the company will commit to build for the following calendar year on a schedule designed to achieve the Phase 4 buildout percentage by December 31, 2018 in roughly equal annual increments.
(5) If the company achieves a market penetration of at least 40% of the households passed by its cable system after completion of Phase 4, the company will make its cable service available to at least 80% of the residential households existing in the franchise area by no later than December 31, 2020 so long as the company is achieving a market penetration of at least 40% of the households passed by its cable system ("Phase 5"). Market penetration will be measured as of June 30th of each year during Phase 5. If the company is achieving a penetration of at least 40% of the households passed by its system as of June 30th the company will commit to build for the following calendar year on a schedule designed to achieve the Phase 5 buildout percentage by December 31, 2020 in roughly equal annual increments.
(6) On or before August 1 of each year of the franchise, the grantee shall furnish the city with a report containing the number of homes passed as of June 30, the market penetration as of June 30 and grantee's plans for building during the upcoming year.
(B) Both parties acknowledge that the above-referenced benchmarks are based in large part upon a static view of the video services market as of the effective date of this chapter. Accordingly, the parties agree to re-open discussions on this topic and adjust or eliminate these benchmarks in the event of a material adverse change in market conditions. A material adverse change in market conditions will be deemed to have occurred if the company can demonstrate that its gross margin on cable services provided in the franchise area has declined by 20% or more or market penetration has declined by 20% or more.
(Ord. O-19-08, passed 11-11-08)
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