A. Grantee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the grantor. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber's grounds for dissatisfaction. Grantee shall file a copy of these procedures with grantor. The written procedures shall include at least the following elements:
1. A simple procedure for making complaints orally or in writing, consistent with these standards, and identification of a person responsible for resolving complaints.
2. Notice to subscribers that they may file any complaint with the city if not resolved to the subscriber's satisfaction after thirty days, and that the city may recommend a resolution.
3. The grantee must provide its initial response to a complaint within five days of its receipt and final written response to any unresolved complaint (other than a complaint about the carriage or the lack of carriage of a particular programming service or about the content of a programming service or about the level of any unregulated rate) within thirty days of the date the complaint is made.
Nothing in this agreement shall limit the rights of a subscriber to initiate a court action to enforce these standards. This paragraph shall not be interpreted to limit the rights of the city to enforce the customer service standards.
B. Upon prior written request, grantor shall have the right to review grantee's response to any subscriber complaints in order to determine grantee's compliance with the franchise requirements, subject to the subscriber's right to privacy.
C. Subject to applicable law, it shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to rebuild, modify, or sell the system, or the grantor gives notice of intent to terminate or not to renew the franchise, the grantee shall act so as to ensure that all subscribers receive cable service so long as the franchise remains in force.
D. In the event of a change of control of grantee, or in the event 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 revenues for any period during which it operates the system.
E. Grantee response to subscriber complaints, as well as complaints made by subscribers to grantor and provided by grantor to grantee, shall be initiated within one business day of receipt by grantee. The resolution of subscriber complaints shall be effected by grantee not later than three business days after receipt of the complaint. Should a grantee supervisor not be available when requested by a subscriber, a supervisor shall respond to the subscriber's complaint at the earliest possible time, and in no event later than the end of the next business day. For complaints received by grantor and provided by grantor to grantee, grantee shall notify grantor of grantee's progress in responding to, and resolving, said complaints. (Ord. 02-101 § 8 (part), 2002)