(A) Services to subscribers and users.
(1) Programming. Concurrently with the activation of the cable television system in the City, the Grantee shall provide all services to subscribers as described herein and in the Franchise at rates detailed in the rate schedule.
(a) The system shall carry the broad categories of programming and services listed in the Franchise. Should the Grantee desire to change the selection of programs or services offered on any of the tiers, it shall maintain the mix, quality and level of services provided over the system. Any such change in programs or services offered shall comply with the conditions and procedures contained in the Franchise, and shall be reported to the City at least thirty (30) days prior to the proposed implementation whenever such information is available to the Grantee. The Grantee shall notify all subscribers in writing at least thirty (30) days prior to implementing any change in the selection of programs or services offered on any tiers, or prior to adding or deleting any channels or changing the channel number for any station whenever such information is available to the Grantee. The Grantee shall use all reasonable efforts to ensure diversity of programming.
(b) A basic service tier shall be offered to subscribers throughout the term of this Ordinance and the Franchise.
(c) The Grantee shall provide and maintain, at a minimum the access channels specified in the Franchise.
(d) The Grantee shall fully provide, at a minimum, services, facilities and equipment for access as indicated in the Franchise.
(2) Emergency override. The Grantee shall, without charge, provide, service and maintain public emergency transmission facilities to the City, as required by the FCC and as specified in the Franchise.
(B) Installations, connections, and other grantee services.
(1) Standard Installations. Standard installation shall consist of a drop not exceeding one hundred fifty feet (150') from a single point or pedestal attachment to the customer's residence. A drop in excess of 150 feet or concealed wiring shall be charged on a time and material basis. The desire of the Subscriber as to the point of entry into the residence shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The Grantee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken within no more than ten (10) days after the damage is incurred and shall be completed as soon as possible thereafter.
(2) Parental control devices. The Grantee shall provide to the subscriber at time of installation and annually thereafter, information concerning the availability of a lockout device for use by a subscriber. Franchisee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Such devices shall block both the video and the audio portion of such channels to the extent that both are unintelligible. The cost to subscribers for parental control devices is subject to FCC regulation. As required by Federal law or regulation, Franchisee shall block the video and audio portions of all primarily adult programming services.
(3) Free disconnection. Subscribers shall have the right to have cable service disconnected without charge. Such disconnection shall be made as soon as practicable and in no case later than thirty (30) days following notice to Grantee of same. A refund of unused service charges shall be paid to the customer within thirty (30) days from the date of termination of service.
(4) Delinquent accounts. Grantee shall use all reasonable efforts to collect on delinquent subscriber accounts. In all cases, the Grantee shall provide the customer with at least ten (10) working days written notice prior to disconnection.
(C) Service calls and complaint procedures.
(1) Business office. The Grantee shall establish, operate and maintain a business office as specified in the Franchise for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation, and maintenance of the system and for the payment of subscribers' service charges. Such office shall be open a minimum of forty-five (45) hours per week, including some evening hours.
(2) Telephone service. The Grantee shall have a listed, staffed telephone number for subscriber service calls and such telephone service shall be available twenty-four (24) hours a day, seven (7) days a week. The Grantee shall provide a sufficient number of telephone lines and telephone staff members to enable subscribers to reach the Grantee without unreasonable delay, excluding emergencies and acts of God. Grantee's number shall be published and made available to subscribers and the general public. The Grantee shall in addition provide a method (e.g. private telephone or a beeper number) to the City and utility companies to enable the City or the utility companies to reach the Grantee in case of emergency on a twenty-four (24) hour, seven (7) days a week basis.
(3) Response time. The Grantee shall respond to and resolve subscribers' complaints or requests for service in connection with repairs and maintenance and malfunctions of the system facilities. The Grantee shall respond as quickly as possible to such complaints and requests, but shall in any case respond within twenty-four (24) hours. Complaints or requests which may pose a potential health and safety hazard will be responded to immediately. In connection with billing complaints, the Grantee shall respond within seven (7) business days.
(4) Grantee rules. The Grantee shall prepare and file with the City upon request copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The Grantee shall, by appropriate means, such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the address and local telephone number of the department to which inquiries or complaints are to be addressed.
(5) Complaint records. The Grantee shall keep full records in connection with all complaints in connection with the system which result in a service call or are logged by customer service representatives in the systems computer database. Such records shall identify the person contacting the Grantee, and the person responding on behalf of the Grantee, the subject matter of the contact, the date it was received, the resolution of the matter in question or the action taken by the Grantee in connection with the contact, and the date thereof, and such other information as may be deemed pertinent by the Grantee. Compilations of these records shall be made available for periodic inspection by the City upon reasonable notice to the Grantee.
(6) Equipment service. The Grantee shall service or replace without charge all equipment provided by it to the subscriber, provided, however, that the Grantee may charge a subscriber for service to or replacement of any equipment damaged due to negligence or intentional act of such subscriber.
(D) Continuity of service mandatory.
(1) Subscription rights. It shall be the right of all subscribers to receive continuous, uninterrupted service insofar as their financial and other obligations to the Grantee are honored.
(2) Cooperation. In the event that the Grantee elects to rebuild, modify or sell the system, or the City gives notice of intent to terminate or fails to renew its Franchise, the Grantee shall cooperate with the City or new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for the services when it no longer operates the system.
(3) Failure to provide continuity. In the event the Grantee fails to operate the system for seven (7) consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the system or designate an operator until such time as Grantee restores service under conditions acceptable to the City or a permanent operator is selected. If the City is required to fulfill this obligation for the Grantee, the Grantee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City that are the result of the Grantee's failure to perform.
(4) Extended operation. In the event the Franchise is terminated, or upon its expiration, the Council may require the Grantee to continue operation for a period not exceeding twelve (12) months after the date of the Grantee's termination or expiration. The Grantee shall remove, at its own expense, all portions of its cable television system from all streets and public ways to a condition reasonably satisfactory to the City as specified in § 115.04(N). The Grantee shall maintain a performance bond pursuant to § 115.06(A) until the conclusion of all operations under the Franchise and this Ordinance, including the removal of all equipment and facilities.
(E) Protection of subscriber privacy. In order to protect the privacy of the subscribers to the Grantee's system, the Grantee shall comply with the requirements of 47 U.S.C. 551, and other applicable state and federal requirements.
(F) Rights of individuals.
(1) Nondiscrimination required. Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, age, sex, or physical or mental handicaps, provided the Subscriber shall pay all applicable fees for the service desired. Grantee shall comply at all times with all other applicable Federal, State and Local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this Ordinance by reference.
(2) Information accessibility.
(a) Each individual shall have the right to information concerning the provisions of this Ordinance and the rules and regulations formulated pursuant to it by the Council, the Grantee, agent or entity created hereunder or pursuant to this Ordinance.
(b) Each individual subscribing to the services of the cable television system or leasing channels thereof shall be provided with information in accordance with Federal law and regulation.
(Ord. O-1997-53, passed 12-10-97)