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BUSINESS OPERATIONS
The franchisee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of production technology will allow. The franchisee shall install additional channel capacity as required to keep channel capacity in excess of demand therefor by users. At all times, the cable system shall be no less advanced than any other system of comparable size and age, excepting only systems which are experimental, pilot or demonstration. The Board of Alderpersons shall order the franchisee to comply with this section in case of specific violations, which it may investigate upon complaint or on its own motion.
(Prior Code, § 4.1-15) (Ord. passed 9-19-1979)
The franchisee shall maintain an office that is open during all business hours, has a publicly listed telephone number and is so operated that complaints and requests for repairs or adjustments may be received on a 24-hour basis. The franchisee shall have a resident manager and engineer and shall have office, marketing, technical and studio staffs professionally trained in the cable communications industry.
(Prior Code, § 4.1-16) (Ord. passed 9-19-1979)
(A) Whenever it is necessary to interrupt service to subscribers for the purpose of maintenance, alteration or repair, the franchisee shall make every effort to do so at a time that will cause the least amount of subscriber inconvenience and unless the interruption is unforeseen and immediately necessary, the franchisee shall give reasonable advance notice thereof to the affected subscribers.
(Prior Code, § 4.1-17)
(B) The franchisee shall provide a service force seven days a week for all complaints and requests for adjustments. The force shall be capable of responding to subscriber complaints within 24 hours of receipt of the complaint. Total loss of service attributable to the cable system shall be cleared within 24 hours, except to the extent that restoration of service is prevented by strikes, fires, injunction or other cause beyond the franchisee’s control.
(Prior Code, § 4.1-18)
(Ord. passed 9-19-1979)
(A) The franchisee shall keep an accurate log listing chronologically all complaints and trouble calls received from its subscribers. This log shall include appropriate identification of the subscriber and service affected, the time, date and nature of the report, the action taken to clear trouble or satisfy the complaint and the date and time of final disposition. This log shall be kept on file for five days and shall be available for inspection by the Town Administrator/Town Clerk upon request at any time within this period. The franchisee shall submit to the Board of Alderpersons each month a summary of the number and types of complaints received.
(Prior Code, § 4.1-19)
(B) For recurrent complaints regarding service deficiencies other than total or partial loss of service, as “ghosting,” weak audio signal, distortion and the like, the Town Administrator/Town Clerk may require the franchisee to investigate and report to him or her the causes and cures thereof and the Town Administrator/Town Clerk may also conduct his or her own investigation. Thereafter, the Town Administrator/Town Clerk may order specified remedial action to be taken within reasonably feasible time limits. If the action is not taken or is ineffective or if, within 30 days the franchisee files with the Board of Alderpersons a notice of objection to the order, the Board of Alderpersons may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the franchisee, take appropriate action pursuant to the terms of this chapter.
(Prior Code, § 4.1-20)
(C) A franchisee shall ensure that all subscribers, programmers and members of the general public have recourse to a satisfactory hearing of any complaint. The Board shall work closely with a franchisee and members of the public to establish procedures for handling and settling complaints. A franchisee shall present to the Board of Alderpersons for its approval, no later than six months after the execution of the franchise agreement, a set of rules, regulations and procedures reasonably designed for the prompt handling and settling of complaints.
(Prior Code, § 4.1-21) (Ord. passed 9-19-1979)
(A) The franchisee shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts or accessories and shall not require or attempt to influence its subscribers to deal with any particular person in regard thereto. Further, the franchisee shall not require the removal of or offer to remove any existing antenna as a condition of providing cable service.
(Prior Code, § 4.1-22)
(B) A user of cable cast facilities may not be required to use the franchisee’ s production equipment but must be allowed to use any other production equipment that is compatible with the franchisee’s facilities. The franchisee is encouraged to use standard quality equipment.
(Prior Code, § 4.1-23) (Ord. passed 9-19-1979)
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