Loading...
1.
Compliance Records. Upon reasonable notice, Grantee shall demonstrate compliance with any or all of the standards required by this chapter. Grantee shall provide sufficiently detailed information to permit Grantor to readily verify the extent of compliance.
2.
Breach for Noncompliance. A repeated and verifiable pattern of noncompliance with the consumer protection standards of Section 113.24, after Grantee’s receipt of due notice and an opportunity to cure, may be termed a breach of franchise, subject to any and all remedies prescribed in this chapter, the Act and applicable law. The Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards in Section 113.24(2) unless an historical record of complaints indicates a clear failure to comply.
1.
Complaints to Grantee. Grantee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the Grantor. The procedures shall prescribe the manner in which a subscriber may submit a complaint, either orally or in writing. At the conclusion of Grantee’s investigation of a subscriber complaint, but in no event more than ten (10) days after receiving the complaint, Grantee shall notify the subscriber of the results of the investigation and its proposed action or resolution, if any. The Grantee shall also notify the subscriber of the subscriber’s right to file a complaint with the Grantor in the event the subscriber is dissatisfied with the Grantee’s decision.
2.
Complaints to Grantor. A subscriber who is dissatisfied with Grantee’s proposed decision shall be entitled to have the complaint reviewed by the Grantor. The subscriber shall initiate the review by filing a complaint, together with the Grantee’s decision, if any, with the Grantor, and the Grantor shall notify the Grantee of the filing. The subscriber shall make such filing and notification within twenty (20) days of receipt of Grantee’s decision or, if no Grantee decision has been provided, within thirty (30) days after filing the original complaint with Grantee. The Grantor may extend these time limits for reasonable cause.
3.
Review by the Grantor. The Grantor shall determine, upon a review of a subscriber complaint and the Grantee’s decision, if any, whether further action is warranted. In the event the Grantor does not initiate further proceedings within fifteen (15) days of the filing of the complaint, the Grantee’s proposed action or resolution shall be final. If the Grantor decides to initiate further investigation, the Grantor shall require the Grantee and the subscriber to submit, within ten (10) days of notice thereof, a statement of the facts and arguments in support of their respective positions. The Grantor shall issue a written decision within fifteen (15) days of receipt of the statements or, if a hearing is requested, within fifteen (15) days of the conclusion of the hearing, setting forth the basis of the decision.
4.
Remedies for Violations. The Grantor may, as a part of a subscriber complaint decision issued under the provisions of this chapter, impose damages on the Grantee. Damages may be imposed only if the Grantor finds that the Grantee has arbitrarily refused or failed without justification, to comply with the provisions of this chapter.
1.
Operating Policies. As subscribers are connected or reconnected to the cable system, and at least annually, and at any time upon request, and when Grantee’s procedures change, under normal operating conditions, the Grantee shall provide each subscriber with written information concerning products and services offered, prices and options for programming services and conditions of subscription to programming and other services, installation and service maintenance policies, instructions on how to use the cable services, channel positions of programming carried on the system, the procedures for billing and making inquiries or complaints (including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed) and also furnish information concerning the Grantor office responsible for administration of the franchise with the name and telephone number of the office. The notice shall also indicate Grantee’s business hours, legal holidays and procedures for responding to inquiries after normal business hours. The Grantee shall provide all subscribers and the Grantor written notice no less than thirty (30) days prior to any proposed change in these policies.
2.
Rates, Programming Service and Channel Position. The Grantee, under normal operating conditions, shall provide all subscribers and the Grantor with notice of any change in rates, programming services, or channel position at least thirty (30) days prior to the change(s) through announcements on the cable system and in writing.
3.
Billing. Bills will be clear, concise, understandable and shall include the Grantee’s toll-free or collect telephone number required by Section 113.24. Bills shall be fully itemized, with itemizations, including, but not limited to, basic and premium service charges and equipment charges. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates and credits. In case of a billing dispute, the Grantee must respond to a written complaint from a subscriber within thirty (30) days. Refund checks will be issued promptly, no later than either (i) the customer’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (ii) the return of the equipment supplied by the Grantee if service is terminated. Credits for service shall be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.
4.
Copies to Grantor. Copies of all notices provided to subscribers shall be filed concurrently with the Grantor.
The overall quality of service provided by Grantee to subscribers may be subject to evaluation by Grantor, not less often than once annually. In addition, Grantor may evaluate the quality of service at any time, based upon the number of subscriber complaints received by the Grantee and the Grantor, and Grantee’s response to those complaints. Grantor’s evaluation that service quality is inadequate may lead to direction to Grantee to cure the inadequacies. Grantee shall commence corrective action within thirty (30) days after receipt of written notice. Failure to do so shall be deemed to be a breach of the franchise and subject to the remedies prescribed in this chapter. Grantor, after due process, may utilize the performance bond and/or security fund provided for in this chapter to remedy any such franchise breach.
It is Grantor’s intent that tenants not be discriminated against in the ability to subscribe to cable service. Grantee shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the franchise area, so long as the owner of the facility consents in writing, if requested by Grantee, to the following:
1.
Grantee’s providing the service to units of the facility;
2.
Reasonable conditions and time for installation, maintenance and inspection of the system on the facility premises;
3.
Reasonable conditions promulgated by Grantee to protect Grantee’s equipment and to encourage widespread use of the system; and
4.
No discrimination in rental charges, or otherwise, between tenants who receive cable service and those who do not.
1.
Discrimination Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, PEG access channel users, or general citizens on the basis of income, race, color, religion, national origin, age, gender, marital status or physical or mental disability. Grantee shall comply at all times with the Act and 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 chapter by reference.
2.
Equal Employment. Grantee shall strictly adhere to the equal employment opportunity requirements of Federal, State and local law and regulations in effect on the date of the franchise grant, and as amended from time to time.
3.
Personal Information. The Grantee’s policy with regard to personally identifiable information shall be consistent with Federal law.
4.
Equal Accessibility. The entire system of the Grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the system, and no one shall be arbitrarily excluded from its use.
5.
Discontinuation of Service.
A.
If a subscriber fails to pay any proper fee or charge for any service, the Grantee may discontinue said service, provided that the subscriber has been given no less than (13) days’ prior notice of the intention to discontinue service.
B.
If the Grantee receives payment of all outstanding fees and charges, including any late charges, prior to the expiration of the fifteenth (15th) day after receipt transmittal of said notice from the Grantee, then the Grantee shall not discontinue said service. After any service has been discontinued, upon request of the subscriber accompanied by payment in full of all fees or charges due the Grantee and the payment of an appropriate reconnection charge, if any, the Grantee shall promptly reinstate said service.
C.
Subscribers and users shall retain the right to deactivate their terminals, but shall continue to be responsible for charges until the Grantee is notified to terminate service. The subscriber shall not be charged any fee for the cancellation or downgrading of cable service.
1.
Right to Continuous Service. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify, or sell the system, or the Grantor gives notice of intent to terminate or fails to renew the franchise, the Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service. In the event of a change of Grantee, or in the event a new operator acquires the system, the original Grantee shall cooperate with the Grantor, new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the revenue for any period during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.
2.
Right of Grantor to Operate System. In the event Grantee fails to operate the system for seven (7) consecutive days without prior approval of the Grantor or without just cause, the Grantor may, working in conjunction with any financial institution having a pledge of the franchise or its assets for the advancement of money for the construction and/or operation of the franchise, operate the system or designate an operator until such time as Grantee restores service under conditions acceptable to the Grantor or a permanent operator is selected. If the Grantor is required to fulfill this obligation for the Grantee, then during such period as the Grantor fulfills such obligation, the Grantor shall be entitled to collect all revenues from the system, and the Grantee shall reimburse the Grantor for all reasonable costs or damages in excess of the revenues collected by the Grantor that are the result of the Grantee’s failure to perform.
Every employee of the Grantee or its agents shall be clearly identified. All employees of Grantee shall display proper identification upon request of a subscriber. Every vehicle of the Grantee shall be similarly identified. The Grantee’s telephone number shall also be clearly marked on all such vehicles.
Loading...