A. Geographical Coverage; Service Area: The grantee shall provide a cable communication system in such manner as to pass and provide adequate tap-off facilities for every single-family dwelling unit, multiple dwelling unit or other residential unit, and schools and government buildings within the service area as of the date of the franchise acceptance. Extensions of service are subject to the provisions of subsection H below.
B. Conditions Of Street Occupancy; Excavations; Permit Required: All transmission and distribution structures, poles, other lines, and equipment installed or erected by the grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways. A grantee shall not commence construction on, open or disturb the surface of any street, sidewalk, driveway or public place for any purpose without having first obtained a permit from the City to do so in the manner provided by ordinance. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public.
C. Restoration Of Public Ways: If during the course of the grantee's construction, operation, or maintenance of the system there occurs a disturbance of any public way by the grantee, it shall, at its expense, replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance and in compliance with the City's Street Replacement Policy.
D. Relocation At Request Of Franchising Authority: Upon receipt of reasonable advance notice, not to be less than ten (10) business days, the grantee shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way, or remove from the public way, any property of the grantee when lawfully required by the franchising authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by the franchising authority; but, the grantee shall in all cases have the right of abandonment of its property. If public funds are available to any person using such street, easement, or right of way for the purpose of defraying the cost of any of the foregoing, the franchising authority shall make application for such funds on behalf of the grantee.
E. Safety Requirements: Construction, installation, and maintenance of the system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other Federal, State, and local regulations and the National Electric Safety Code. The system shall not unreasonably endanger or interfere with the safety of persons or property in the service area.
F. Underground And Overground Installation Requirements:
1. Pole Agreements: The grantee may lease, rent, or in any other manner by mutual agreement obtain the use of towers, poles, lines, cables, and other equipment and facilities from utility companies operating within the City, and use towers, poles, lines, cables, and other equipment and facilities for the system. When and where practicable, the poles used by the grantee's distribution system shall be those erected and maintained by such utility companies operating within the City, provided mutually satisfactory rental agreements can be reached. It is the City's desire that all holders of public franchise in the City cooperate with the grantee and allow the grantee the use of their poles and pole line facilities whenever possible so that the number of new or additional poles installed in the City may be minimized.
2. Grantee's Poles: The grantee shall have the right to erect, install, and maintain its own towers, poles, guys, anchors, underground conduits, and manholes as may be necessary for the proper construction and maintenance of the antenna site, headend, and distribution system; providing, that the grantee has at the worksite the necessary City permits, or copy thereof, for scheduled work, obtained in advance from the appropriate City department.
3. Rent Of Grantee's Poles: The grantee shall have the right to establish terms, conditions, and specifications governing the form, type, size, quantity, and location of equipment of others on its poles, and shall have the further right to charge a fair rental for attachment space or spaces occupied by the said equipment and plant of others, except that no rent shall be paid by the City for its attachment to the grantee's poles. The City shall pay any costs incurred by the grantee in providing space for the City's attachments, including any necessary rearrangements of grantee's equipment and plant to provide room for City attachments. Upon expiration, termination, or revocation of a franchise, or should a grantee wish to dispose of any of its poles, conduit or manholes being used by the City, the City shall have the option to purchase them in place for their fair value.
4. Underground Facilities: In those areas of the City where transmission or distribution facilities of the electric power utility are underground or hereafter may be placed underground, the grantee shall likewise construct, operate, and maintain all of its transmission and distribution facilities underground to the maximum extent the then existing technology permits, in accordance with the most recent National Electrical Code, and its successor documents, as well as in conformance with all applicable State and Municipal ordinances and codes. If and when necessary, amplifiers and/or transformers in the grantee's transmission and distribution lines shall be in appropriate housing on the surface of the ground. Such housings and the location and construction of all work required or pursuant to this subsection shall be approved in advance through the permit process as required by subsection B above. Even when not required, underground installation is preferred to the placing of additional poles.
5. Compliance To Codes:
a. All transmission and distribution structures, lines, and equipment erected by the grantee in the City shall be located so as not to endanger or interfere with the normal use of streets, alleys, or other public ways and places so as to cause minimum interference with the rights or reasonable convenience of the general public and adjoining property owners and so as not to interfere with existing public utility installations and so as to comply with the most recent National Electrical Code, and its successor documents, as well as in conformance with all applicable State and Municipal ordinances and codes. Upon request, the grantee shall make available to the City, strand maps, plats, and records of locations and character of all facilities for inspection.
b. In the case of any disturbance by the grantee or its equipment of pavement, sidewalks, driveway, lawn, or other surfacing, the grantee shall, at its expense and in the manner required by the City, promptly replace and restore all such surfacing to as near as reasonably possible its prior or better condition and in compliance with the City's Street Replacement Policy.
c. The construction, installation, operation, maintenance, and/or removal of the cable communications system shall meet all of the following safety, construction, and technical specifications and codes and standards:
(1) Occupational Safety and Health Administration Regulations (OSHA).
(2) National Electric Code.
(3) National Electrical Safety Code (NESC).
(4) All Federal, State and Municipal construction requirements, including FCC rules and regulations.
(5) Utility construction requirements.
(6) All building and zoning codes, and all land use restrictions as the same exist or may be amended hereafter.
6. Interference With Other Utilities: The grantee shall not place poles, conduits, or other fixtures above or below ground where the same shall interfere with any gas, electric, telephone fixtures, water hydrant, or other utilities, and all such poles, conduits, or other fixtures above or below ground shall be so placed as to comply with all the requirements of the City.
7. Moving Permits: The grantee shall, on request of any persons holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings. The expense of such temporary removal shall be paid in advance by the person requesting the same, and the grantee shall be given not less than ten (10) working days advance notice to arrange for such temporary changes.
8. Authority To Trim Trees: The grantee shall have the authority, under the supervision and direction of the City, to trim trees or other natural growth overhanging any of its cable system in the street or alley right of way so as to prevent branches from coming in contact with the grantee's wires, cables, or other equipment. The grantee shall reasonably compensate the franchising authority or property owner for any damages caused by such trimming, or shall, in its sole discretion, and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the cable system undertaken by grantee. Such replacement shall satisfy any and all obligations grantee may have to the franchising authority pursuant to the terms of this subsection.
9. Underground Construction: Grantee shall participate in and use Iowa One Call and ensure that cable is buried pursuant to standards established by Iowa One Call.
G. Extension Of Service: The grantee shall, at its expense, and subject to subsection H below, promptly extend its system to have service available to all residents of:
1. Newly annexed areas to the City not then served by a system where the average density is at least twenty (20) dwelling units per lineal mile of proposed trunk and feeder cable route.
2. New housing areas developed within the City limits.
3. Any new single-family dwelling unit, multiple dwelling unit or other residential unit or commercial establishment in the City shall be extended cable simultaneously with electric power and telephone utilities.
H. Subscriber Charges For Extensions Of Service: No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as the existence of more than one hundred fifty feet (150') of distance from distribution cable to connection of service to subscribers, or a density of less than twenty (20) potential subscribers per lineal mile of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid on construction to be borne by the grantee and subscribers in the areas in which service may be expanded, the grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of potential subscribers per lineal mile of its trunks or distribution cable, and whose denominator equals twenty (20) potential subscribers. Subscribers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The grantee may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance.
I. Service To Public Building:
1. The grantee shall upon request, provide without charge, one outlet of basic service and expanded basic service or its equivalent in the future to those public buildings which shall include, but not limited to, the following locations:
a. City Hall or Municipal building.
b. Police station.
c. Fire station.
d. Public library
e. Knoxville Water Works office.
f. Public Works building.
g. Community center.
h. Knoxville Community School District schools and administrative offices.
i. Marion County courthouse.
2. The outlets shall not be used to distribute or sell services in or throughout such buildings. Users of such outlets shall hold the grantee harmless from any and all liability but not limited to those arising from copyright liability. If additional outlets are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials.
3. The grantee may require a capital contribution for unusual circumstances, such as the existence of more than one hundred fifty feet (150') of distance from distribution cable to connection of service, or a density of less than twenty (20) potential subscribers per lineal mile of trunk or distribution cable to extend service.
J. Customer Service Standard:
1. System Office Hours and Telephone Availability:
a. The grantee will maintain a local, toll free or collect call telephone access line which will be available to subscribers twenty four (24) hours a day, seven (7) days a week, including holidays.
b. Trained representatives of the grantee will be available to respond to subscriber inquiries during "normal business hours", as defined in Section 7-4-2 of this Chapter.
c. After normal business hours, an access line will be available to be answered by a service or an automated response system, including a phone answering service. Inquiries received after normal business hours must be responded to by a trained representative of the grantee on the next business day.
d. Under "normal operating conditions", as defined in Section 7-4-2 of this Chapter, telephone answer time by a customer representative, including wait time, will not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time will not exceed thirty (30) seconds. These standards will be met no less than ninety percent (90%) of the time under normal operating conditions, as measured by the grantee on a quarterly basis.
e. The grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless a historical record of complaints indicates a clear failure to comply with such standards.
f. Under normal operating conditions, the subscriber will receive a busy signal less than three percent (3%) of the time.
g. Customer billing payment location will be open at least during normal business hours and will be conveniently located in Knoxville, Iowa.
h. Customer service drop will be located within the City limits for the payment of monthly bills.
2. Installation, Outages And Service Calls: Under normal operating conditions, each of the following four (4) standards will be met no less than ninety five percent (95%) of the time, as measured by the grantee on a quarterly basis:
a. Standard installation will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to one hundred fifty feet (150') from the existing distribution system.
b. Excluding normal operating conditions beyond its control, the grantee will begin working on "service interruptions", as defined in Section 7-4-2 of this Chapter, promptly and in no event later than twenty four (24) hours after the interruption becomes known. The grantee will begin actions to correct other service problems the next business day after notification of the service problem.
c. The grantee will provide "appointment window" alternatives for installation, service calls, and other installation activities, which will be either a specific time or, at a maximum, a four-hour long time block during normal business hours.
d. The grantee shall not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.
e. If a representative of the grantee is running late for an appointment with a subscriber and will not be able to keep the appointment in Knoxville as scheduled, the subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the subscriber.
3. Communications Between Grantee And Subscribers:
a. Notifications To Subscribers:
(1) The grantee shall provide written notification on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:
(A) Products and services offered;
(B) Prices and options for services and conditions of subscription to programming and other services;
(C) Installation and service maintenance policies;
(D) Instructions on how to use the service;
(E) Channel positions of programming carried on the system; and
(F) Billing and complaint procedures, including the address and telephone number of the local franchising authority's cable office.
(2) Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible and in writing. Notice will be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the grantee. In addition, the grantee shall notify subscribers thirty (30) days in advance of any significant changes in other information required by the preceding subsection.
b. Billing:
(1) Bills will be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
(2) In case of a billing dispute, the grantee will respond to a written complaint from a subscriber within thirty (30) days from receipt of the complaint.
(3) Refund checks will be issued promptly, but no later than either:
(A) The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or
(B) The return of the equipment supplied by the grantee if service is terminated.
(4) Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.
K. Service Location: A service location, conveniently located within the City, shall be open during normal business hours, and adequately staffed to accept subscriber payments.
L. Deposits: Any deposit required by grantee shall bear interest at the current lending rate if required by law.
M. Subscriber's Antennas: The grantee shall not require the removal, or offer to remove or provide any inducements for removal of any potential or existing subscriber's antenna as a condition of provision of service.
N. Disconnection: If any subscriber fails to pay a fee or charge, the grantee may disconnect the subscriber's service. Such disconnection shall not be effected until the subscriber has been given seven (7) days' advance written notice of the intention to disconnect.
O. Reconnections: Grantee shall restore service to customers wishing restoration of service provided customer shall first satisfy any previous obligations owed.
P. Downgrades:
1. Subscribers shall have the right to have cable service disconnected or downgraded in accordance with FCC rules.
2. The billing for such service will be effective the next business day and such disconnection or downgrade shall be made as soon as practicable. A refund of unused service charges shall be paid to the customer within forty five (45) days from the date of termination of service.
Q. Termination Of Service: Within thirty (30) days of termination of service to any subscriber for any reason, the grantee shall upon the subscriber's written request, promptly remove all its overhead facilities and equipment from the subscriber's premises without charge.
R. Notification To City Of Service Interruptions: The grantee shall promptly notify the City Clerk, in writing, or, if appropriate, by oral communication, of any significant interruption in the operation of the system. For the purposes of this section, a "significant interruption in the operation of the system" shall mean any interruption of sound or picture on one or more channels a duration of at least one hour to at least five percent (5%) of the subscribers, or an interruption of sound or picture on at least one or more channels initiated by the grantee of at least four (4) hours to any single subscriber.
S. Subscriber Credit For Service Interruption: Upon service interruption of subscriber's cable service, the following shall apply:
1. For service interruptions of over four (4) hours and up to seven (7) days, the grantee shall provide, at the subscriber's request, a credit of one-thirtieth (1/30) of one month's fees; for affected services for each twenty four (24) hour period service is interrupted for four (4) or more hours for all affected subscribers.
2. For interruptions of seven (7) days or more in one month, the grantee shall provide, at the subscriber's request, a full month's credit for affected services for all affected subscribers.
T. Service Repair Standards: The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled service interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. A written log or an equivalent stored in computer memory and capable of access and reproduction, shall be maintained for all service interruptions and requests for cable service as required by this Chapter.
U. Refund To Subscribers:
1. If the grantee fails to provide any material service requested by a subscriber in accordance with the current FCC standards, the grantee shall, after adequate notification and being afforded the opportunity to provide the service promptly refund all deposits or advance charges paid for the service in question by the subscriber.
2. If any subscriber terminates for any other reason, the grantee shall refund the unused portion of any prepaid subscriber service fees on a daily pro rata basis.
3. Any disputes arising under this subsection shall be finally resolved in accordance with subsection 7-4-8E of this Chapter.
V. Channel Guide: The grantee shall prepare and make available at no charge to the subscribers, an accurate and up-to-date channel guide listing the cable channels of all television signals, and service available over the cable system. The channel guide shall be distributed to every subscriber, at least one each year, and within thirty (30) days after a change or addition in channels or frequency uses or services offered affecting three (3) or more channels.
W. Customer Handbook: Grantee shall provide written customer policies or a handbook to all new subscribers and, thereafter, upon request. Grantee's written customer policies or handbook shall, at a minimum, comply with all notice requirements in this Chapter and those promulgated by the FCC. If grantee's operating rules are changed, subscribers shall be notified in a timely manner. Rate and consumer complaint information will be distributed annually to subscribers.
X. Subscriber Privacy:
1. The grantee shall be constantly alert to possible abuses of the right of privacy or other legal rights of any subscriber, programmer, or general citizen resulting from any device or signal associated with the cable system. The possibility of such abuse may be discussed at any review session.
2. The grantee shall abide by current Federal law and FCC regulations and section 631 of the Cable Act regarding protection of subscriber privacy.
3. No cable, line, amplifier, or other piece of equipment owned by the grantee shall be installed by the grantee within private easements without first securing the written permission of the owner, of any property involved.
Y. Discriminatory Or Preferential Practices: The grantee shall not, in making available the services or facilities of its system, or in its rules or regulations, or in any other manner, make or grant preferences or advantages to any subscriber or potential subscriber, or to any user or potential user, and shall not subject any person to any prejudice or disadvantage, based on their race color, national origin or gender. This provision shall not prohibit promotional campaigns to stimulate subscriptions to the system or other legitimate uses thereof, nor the establishment of a graduated scale of charges and classified rate schedules to which any subscriber coming within such classification shall be entitled. (Ord. 96-1, 2-5-1996)