(A) The failure of the franchisee to hire sufficient staff or to train properly its staff will not justify a franchisee's failure to comply with any provision hereof.
(B) The franchisee must have sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and the trained and skilled personnel required so that the franchisee complies with each and every requirement of applicable law, including applicable customer service requirements, technical standards, maintenance standards and requirements for responding to outages. This includes the facilities, equipment and staff required to:
(1) Properly test the system and conduct an ongoing and active program of preventive maintenance and quality control; and
(2) Be able to quickly respond to customer complaints and resolve problems.
(C) The franchisee must install and maintain equipment necessary to measure its performance with applicable consumer protection standards that the city may adopt from time to time after providing the franchisee the opportunity to comment; except that the franchisee may obtain relief temporarily from this requirement if it shows that:
(1) It has a high level of subscriber satisfaction;
(2) There are alternative, adequate ways to review its performance; or
(3) For other good cause shown.
(D) Knowledgeable, qualified representatives shall be available to respond to customer telephone inquiries, in, at a minimum, English and Spanish languages. Any automated answering equipment will provide at least English and Spanish language alternatives. When a customer speaking Spanish schedules service calls, the franchisee shall offer to have the service call made by a representative speaking Spanish.
(E) If the franchisee does not comply with this section, the franchisee shall have 30 days to cure the violation from the day the franchisee receives notice of the violation. If the franchisee has not cured the violation within 30 days from such notice date, the city shall fine a franchisee for violation of this section $100 per day for each day that the violation continues. The fines shall begin to accrue on the first business day after the 30 day cure period has terminated.
(Ord. 1406, passed 5-15-02)