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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.
1.
Open Books and Records. The Grantee shall manage all of its operations in accordance with a policy of totally open books and records. The Grantor, upon reasonable notice, shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, service complaint logs, performance test results and other like materials of the Grantee which relate to the regulation of the franchise and are maintained at the local office required by Section 113.24, provided that the Grantor shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of the Grantee, and provided further, that records shall be exempt from inspection pursuant to this section to the extent required by applicable law regarding subscriber privacy and to the extent such records are protected by law against discovery in civil litigation. If any such books or records are not kept by the local office, or upon reasonable request made available to the Grantor, and if the Grantor shall determine that an examination of such records is necessary or appropriate to the performance of any of Grantor’s duties, then Grantee shall make such records available locally.
2.
Required Records. In any event the Grantee shall at all times maintain:
A.
The complaint file required by Sections 113.24 and 113.42 herein,
B.
A full and complete set of plans, records, and “as-built” maps showing the exact location of all cable system equipment installed or in use in the franchise area, exclusive of subscriber service drops.
The Grantor shall exercise regulatory authority under the provisions of this chapter, the Act, and applicable law. If the franchise area served by the cable system also serves other contiguous or neighboring communities, Grantor may, at its sole option, participate in a joint regulatory agency, with delegated responsibility in the area of cable and related communications.
The Grantor, acting alone or acting jointly with other Grantors, may exercise or delegate the following regulatory responsibility:
1.
Administering and enforcing the provisions of the cable communications system franchise(s),
2.
Coordinating the operation of public, educational and government (PEG) access channel and facilities,
3.
Providing technical, programming and operational support to public agency users, such as government departments, schools and health care institutions,
4.
Establishing jointly with the Grantee, or as otherwise specified in the franchise agreement, procedures and standards for use of channels dedicated to public use and sharing of public facilities, if provided for in any franchise agreement,
5.
Planning expansion and growth of public benefit cable services,
6.
Analyzing the possibility of integrating cable communications with other local, State or national telecommunications networks,
7.
Formulating and recommending long-range telecommunications policy.
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