805.09   SYSTEM OPERATION.
   (a)   Type and Scope of System. A grantee shall install and maintain the system as proposed and agreed upon in the franchise agreement.
   (b)   Basic Service Tier. Each grantee of a cable system shall provide its subscribers a separately available basic service tier to which subscription is required for access to any other tier of service.
   (c)   Access Channels. A grantee shall provide and maintain the number and type of access channels as are set forth in the franchise agreement.
   (d)   Supervision and Regulation of Franchises by County. The County may do all things necessary and proper to supervise, inspect, and regulate the construction and operation of cable television systems franchised under this chapter; implement complaint procedures; regulate rates as authorized by Federal, State and local laws; monitor and enforce compliance with this chapter and any cable television franchise granted by the County.
   (e)   Grantee to Maintain an Office or Service Center in County Limits. A grantee shall maintain at least one business office/service center within the County limits, which shall be open during the business hours stated in Section 805.10, and staffed and operated to respond to customers in at least four ways: accept payments and resolve billing difficulties; to give out and exchange or accept return converters; schedule and conduct service or technician calls; answer subscriber inquiries; and resolve complaints. Subscribers shall be promptly notified of any change of address of such office or of telephone number(s). The grantee shall also prepare a promotional notice to familiarize residents with the location of said office, the services available, and complaint procedures. This notice is to be given to each new subscriber upon installation of service, and is to be distributed at least once per year to all subscribers.
   (f)   Repair and Maintenance Crew to be Maintained That is Capable of Responding to Subscriber Complaints. The grantee shall maintain sufficient repair and maintenance crews capable of responding to subscriber complaints or requests for service in accordance with customer service standards described in Section 805.10.
   (g)   Outage Log to be Maintained Showing Details of Service Failures.
      (1)   A grantee shall maintain an outage log showing the date, approximate time, location, duration, number of subscribers affected, type and probable cause of all headend, trunk, or distribution line service failures due to causes other than routine testing or maintenance at reasonable times. A copy of such log showing the availability criteria, as specified in paragraph (g)(2) hereof, shall be filed with the County Administrator/Designee on a quarterly basis and shall be retained by a grantee for a period of three years.
      (2)   A grantee shall design, procure, install and maintain its equipment with the objective of meeting a monthly system availability criteria of 99.5 percent measured as follows:
         100 - .5    or    ( (Power On) minus (Outstage Time) )
         100                (Power On)
   (h)   Planned Service Interruption. A grantee may intentionally interrupt service on the cable system only for good cause and for the shortest time possible and, except in emergency situations or to the extent necessary to correct the affected subscribers' service problems, only after a minimum of forty-eight hours prior notice to subscribers and the County of the anticipated service interruption, provided, however, that planned maintenance that does not require more than two hours interruption of service and that occurs between the hours of 12:00 midnight and 6:00 a.m. of the following day shall not require such notice to subscribers, but shall require notice to the County no less than twenty-four hours prior to the anticipated service interruption.
   (i)   Employee Discrimination.
      (1)   A grantee shall not refuse to hire, discharge from employment or discriminate against any person regarding compensation or terms, conditions, or privileges of employment because of sex, race, color, creed, or national origin. A grantee shall take affirmative action to ensure that employees are treated, during employment, without regard to their sex, race, color, creed, or national origin. This condition applies, but is not limited to, recruitment advertising, employment interviews, employment, rates of pay, upgrading, transfer, demotion, layoff or termination.
      (2)   A grantee shall also comply with Federal rules applicable to Equal Employment Opportunity (Sec. 634 [47 U.S.C. 554] of the Communications Act of 1934, as amended.)
   (j)   Protection of Privacy; Theft of Service. A grantee shall comply with Federal laws pertaining to the protection of subscriber privacy and theft of service (Sec.631 [47 U.S.C. 551] and Sec. 633 [47 U.S.C. 553]) of the Communications Act of 1934, as amended. (Ord. 98-05. Passed 4-15-98.)