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(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)
The franchisee shall keep complete and accurate books of accounts and records of its business under and in connection with its franchise. All the books and records shall be maintained at the franchisee’s business office. The town shall have access to all the books and records at any time during reasonable business hours and may examine officers and employees informally or under oath in respect thereto. Access shall also be given to the county, on request, to all supplementary or underlying financial and engineering records and reports.
(Prior Code, § 4.1-24) (Ord. passed 9-19-1979)
The franchisee shall diligently apply for all necessary permits, agreements, authorizations and contracts required in the conduct of its business and shall diligently pursue the acquisition thereof, including necessary pole attachment contracts, necessary authorizations from the Federal Aviation Administration to construct the receiving antenna towers as may be required and any necessary authorization or waivers from the FCC and when the permit is obtained, a copy thereof shall be promptly filed by the franchisee with the Town Administrator/Town Clerk. The franchisee shall apply for the FCC certificate of convenience and necessity within 120 days from the date of the execution of the franchise agreement.
(Prior Code, § 4.1-25) (Ord. passed 9-19-1979)
Copies of all communications, including petitions, applications, pleadings and reports, as well as official correspondence, sent to or received from the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the County Manager.
(Prior Code, § 4.1-26) (Ord. passed 9-19-1979)
(A) A franchisee shall prepare and furnish to the town, at the times and in the form prescribed by the Town Administrator/Town Clerk or Board of Alderpersons, the reports with respect to its operation, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the functions of the town in connection with this chapter.
(Prior Code, § 4.1-27)
(B) The following reports must be filed with the Town Administrator/Town Clerk when the specified event occurs:
(1) Any instrument of change in or transfer of an interest in the franchisee or its assets or franchise;
(2) Any change in or addition to the directors or officers of the franchisee;
(3) Any contract or transaction with an affiliated company, respecting the cable system, together with full particulars and a copy of any written agreement or a written summary of any verbal agreement; and
(4) Any changes in the franchisee’s rules and regulations governing the conduct of its business.
(Prior Code, § 4.1-28)
(C) The franchisee shall file with the Town Administrator/Town Clerk on a quarterly basis:
(1) Construction progress reports until the system is complete;
(2) Quarterly financial reports as required in § 110.061; and
(3) Complete, unaudited financial statements, including operating statements, source and application of funds and balance sheets for the quarterly accounting period then ended, within 30 days of the end of each period.
(Prior Code, § 4.1-29)
(D) The following reports shall be filed by the franchisee with the Town Administrator/Town Clerk annually, no later than February 1, except where otherwise provided:
(1) A summary of complaints received during the preceding calendar year, showing the nature of each complaint, area of the town, disposition and complaints subsequent to disposition;
(2) A total facilities report together with a current system map, showing the location and total miles of plant and equipment installed and/or operating at the close of the preceding calendar year;
(3) A map of the system;
(4) One copy of each type of agreement currently offered to subscribers and to users;
(5) A complete set of current rules and regulations of the operator, incorporating the latest amendments filed with the Town Administrator/Town Clerk;
(6) A complete financial audit statement, including a statement of income, to be certified by a public accountant, to be submitted no later than August 15 for the preceding fiscal year ending June 30; and
(7) Reports on other topics as the Board of Alderpersons may direct.
(Prior Code, § 4.1-30) (Ord. passed 9-19-1979)
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