(a) Services to Subscribers and Users.
(1) Services. Concurrently with the activation of the Cable System or Competitive Video System in the City, the Provider shall provide all Services to subscribers as described herein and in the Permit at rates detailed in the rate schedule.
A. A Cable System or Competitive Video System shall carry the broad categories of programming and Services listed in the Permit. Should the Provider desire to change the selection of programs or Services offered on any of the tiers, it shall maintain the mix, quality and level of Services set forth in the Permit. Any such change in programs or Services offered shall comply with the conditions and procedures contained in the Permit, and shall be reported to the City at least thirty day prior to the proposed implementation whenever such information is available to the Provider. The Provider shall notify all subscribers in writing at least thirty days prior to implementing any change in the selection of programs or Services offered on any tiers, or prior to adding or deleting any Channels or changing the channel number for any station whenever such information is available to the Provider.The Provider shall use its best efforts to ensure diversity of programming.
B. A Basic Service tier shall be offered to subscribers throughout the term of this chapter and the Permit.
C. The Provider shall provide and maintain, upon request of the City, at a minimum the following access Channel capacity:
1. One "Government Access Channel"
2. One "Educational Access Channel"
3. One "Public Access Channel"
D. The City shall be solely responsible for the purchase, maintenance and repair of any and all equipment necessary for the production of programming and use of the Access Channels. The Provider's sole obligation is to provide the Channel capacity upon request of the City.
(2) Emergency override. The Provider shall, without charge, provide service and maintain public emergency transmission facilities to the City, as described in the Permit.
(b) Installations, Connections and Other Provider Services.
(1) Standard installations. Standard installation shall consist of a Service not exceeding 150 feet from a single point or pedestal attachment to the customer's residence. Service in excess of 150 feet and concealed wiring shall be charged on a time and material basis. 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 Provider 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 no more than ten days after the damage is incurred and shall be completed as soon as possible thereafter.
(2) Lockout devices. The Provider shall provide to the subscriber, as part of its installation material, information concerning the availability of a lockout device for use by a subscriber. The Provider reserves the right to require a reasonable deposit for the use of this device, as set forth in the rate schedule. The lockout device described herein shall be made available to all subscribers requesting it beginning on the first day that any Cable Service or Competitive Video Service is provided.
(3) Reconnection. Provider shall restore Service to customers wishing restoration of Service provided customer shall first satisfy any previous obligations owed.
(4) Free disconnection. Subscribers shall have the right to have Cable Service or Competitive Video Service disconnected without charge. Such disconnection shall be made as soon as practicable and in no case later than fifteen days following notice to Provider of same. A refund of unused charges shall be paid to the customer within thirty days from the date of termination of Service.
(5) Delinquent accounts. Provider shall use its best efforts to collect on delinquent subscriber accounts. In all cases, the Provider shall provide the customer with at least ten working days written notice prior to disconnection.
(c) Service Calls and Complaint Procedures.
(1) The Provider shall establish, operate and maintain, in Franklin County, a maintenance and repair facility for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation, and maintenance of its Cable System or Competitive Video System and the Company shall establish a Franklin County location for the payment of subscribers' charges.
(2) The Provider shall have a listed, telephone number for subscriber Service calls and such telephone service shall be available twenty-four hours a day, seven days a week. The Provider shall provide a sufficient number of telephone lines and telephone staff members to enable subscribers to reach the Provider without unreasonable delay, excluding emergencies and acts of God. Provider's number shall be published and made available to subscribers and the general public. The Provider shall in addition provide an unlisted telephone number to the City and utility companies to enable the City or the utility companies to reach the Provider in case of emergency on a twenty-four hour, seven days a week basis.
(3) The Provider shall respond to and resolve subscribers' complaints or requests for Service in connection with repairs and maintenance and malfunctions of its Cable System or Competitive Video System. The Provider shall respond as quickly as possible to such complaints and requests but shall, in any case, respond within twenty-four hours. Complaints or requests which may pose a potential health and safety hazard will be responded to immediately. In connection with billing complaints, the Provider shall respond within seven business days.
(4) The Provider shall prepare and make available at the Provider's office for City review, upon request, copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The Provider 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 department to whom such inquiries or complaints are to be addressed.
(5) The Provider shall keep full records in connection with all complaints and requests for change of Service in connection with its Cable System or Competitive Video System. Such records shall identify the person contacting the Provider, and the person responding on behalf of the Provider, the subject matter of the contact, the date and time it was received, the resolution of the matter in question or the action taken by the Provider in connection with the contact, and the date and time thereof, and such other information as may be deemed pertinent by the Provider. Compilations of these records shall be made available for periodic inspection by the City and shall be consistent with the privacy provision of the Communications Policy Act.
(6) The Provider shall service or replace without charge all equipment provided by it to the subscriber provided, however, that the Provider may charge a subscriber for service to or replacement of any equipment damaged due to negligence or intentional act of such subscriber.
(d) Continuity of Service Mandatory.
(1) It shall be the right of all subscribers to receive continuous, uninterrupted Service insofar as their financial and other obligations to the Provider are honored.
(2) In the event that the Provider elects to rebuild, modify or sell its Cable System or Competitive Video System, or the City gives notice of intent to terminate or it fails to renew its Permit, the Provider shall cooperate with the City or new Provider or operator in maintaining continuity of Service to all subscribers. During such period, Provider shall be entitled to the revenues for any period during which it operates its Cable System or Competitive Video System, and shall be entitled to reasonable costs for the Services when it no longer operates its Cable System or Competitive Video System.
(3) Failure to Provide Continuity. In the event the Provider fails to operate its Cable System or Competitive Video System for seven consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the Cable System or Competitive Video System or designate an operator until such time as Provider restores Service under conditions acceptable to the City, or a permanent operator is selected. If the City is required to fulfill this obligation for the Provider, the Provider shall reimburse the City for all reasonable costs or damage in excess of revenues from the System received by the City that are the result of the Provider's failure to perform.
(e) Protection of Subscriber Privacy. In order to protect the privacy of the subscribers to the Provider's Cable System or Competitive Video System, the Provider shall comply with the requirements of 47 U.S.C. 551 and other applicable state and federal requirements. The Provider shall not tap and/or monitor, or arrange for the tapping and/or monitoring, or permit either expressly or implied, or allow any other person to tap and/or monitor any cable line, signal input device, or subscriber outlet or receiver for any purpose whatsoever without the express permission of the subscriber. Notwithstanding the preceding, the Provider shall be entitled to conduct system wide or individually addressed "sweeps” for the purpose of verifying system integrity, controlling return-path transmissions or billing for Services.
(f) Rights of Individuals. Nondiscrimination Required. Provider 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. Provider shall comply at all times with all other applicable Federal, State and Local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this Ordinance by reference. Each individual subscribing to the Services of the Cable System or Competitive Video System shall, upon request, be provided with information setting forth all rules and regulations which specifically outline an individual's rights pertinent to such use.
(Ord. 2007-13. Passed 6-18-07.)
(Ord. 2007-13. Passed 6-18-07.)