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The franchising authority or its certified public accountant, upon reasonable notice to the grantee, may review such of its books and records at the grantee’s business office, during normal business hours and on a non-disruptive basis, as is reasonably necessary to ensure compliance with the terms of this chapter. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the Federal Communications Commission. Notwithstanding anything to the contrary set forth in this chapter, the grantee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature under state and federal rules of evidence. The franchising authority agrees to treat any information disclosed by the grantee as confidential and only to disclose it to employees, representatives and agents thereof that have a need to know or in order to enforce the provisions of this chapter. The grantee shall not be required to provide subscriber information in violation of § 631 of the Cable Act.
(2013 Code, § 8-6.2) (Ord. 14586, passed 4-13-1998)
Copies of all petitions, applications, communications, reports and all other documents pertaining to the cable system and franchise submitted by the grantee or its parent companies to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency shall be made available to the grantor upon written request to the grantee.
(2013 Code, § 8-6.3) (Ord. 14586, passed 4-13-1998)
(A) A written log or an equivalent stored in computer memory and capable of access and reproduction shall be maintained for all service interruptions or complaints regarding cable system service problems.
(B) The grantee shall maintain detailed logs setting forth the date and substance of each service interruption or complaint regarding the system service problems received by phone, mail or other means during the preceding calendar month and the date and nature of action taken by the grantee to respond to such complaints or, if still pending, the status thereof.
(C) Such logs shall be available to the grantor for review for two years thereafter.
(2013 Code, § 8-6.4) (Ord. 14586, passed 4-13-1998)
(A) (1) Unresolved complaints concerning the cable system or its operation or maintenance shall be directed to the City Administrator.
(2) The City Administrator shall forward the complaint to the grantee or shall take up the question by correspondence with the grantee.
(B) The procedure to handle complaints and grievances with respect to subscriber complaints and the quality of services rendered by the grantee, equipment malfunctions and other matters shall be as follows.
(1) Within 30 days from the occurrence of the facts and circumstances giving rise to a complaint or grievance, the complainant shall state his or her complaint or grievance to the grantee in writing. If the grantor receives such a complaint or grievance, the complaint shall be forwarded to the grantee in writing.
(2) Within five days from the receipt of a complaint or grievance by the grantee, the grantee shall state to the complainant its intentions with respect to the complaint or grievance in writing.
(3) Nothing in this section shall limit or alter the requirements contained in this chapter for customer service standards as contained in App. A to Ord. 14586.
(4) The grantor shall be notified of the action taken to resolve grievances or complaints.
(2013 Code, § 8-6.5) (Ord. 14586, passed 4-13-1998)
(A) (1) In recognition of the fact that a great many technical, financial, marketing and legal uncertainties are associated with all aspects of cable communications at the present time, it is the intent of the city to provide for a maximum feasible degree of flexibility in this franchise throughout its term to achieve an advanced and modern cable system for the city. The principal means for accomplishing this flexibility will be the scheduled review sessions provided for in this chapter. It is intended that such review sessions will serve as a means of cooperatively working out solutions to problems that develop. Furthermore, such review sessions shall be two-way processes.
(2) For example, if either party has perceived that some major problem has developed, the session shall be devoted primarily to working out solutions acceptable to both parties.
(B) The grantor may hold periodic review sessions. All such review sessions shall be open to the public, and notice thereof shall be published once, not less than four days or more than 20 days before each review session, as provided by law. The published notice shall specify the topics to be discussed. The review sessions may be canceled by mutual agreement of the grantor and grantee. The following topics may be discussed at every scheduled review session:
(1) Recent and developing judicial and federal communications rulings;
(2) Service rate structures;
(3) Free and discounted services;
(4) Application of new technology or new developments;
(5) Cable system performance;
(6) Cable system extension policy;
(7) Services provided;
(8) Programming offered;
(9) Customer complaint review;
(10) Community development and education;
(11) Interconnection;
(12) New services;
(13) Franchise fees;
(14) Subscriber privacy abuse issues; and
(15) New developments.
(C) Other topics, in addition to those listed in division (B) above, may be added by either party. Members of the general public may also request additional topics.
(2013 Code, § 8-6.7) (Ord. 14586, passed 4-13-1998)
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