A. Maintenance and complaints.
(1) The grantee's office and technical personnel, or answering services, will receive customer calls 24 hours per day and respond to all customer complaint calls between the hours of 8:00 a.m. and 8:00 p.m. on normal business days. After 8:00 p.m. on any normal business day, trained technicians shall respond to calls if three or more calls are received from the same service area as defined in the franchise agreement. A written log shall be maintained listing all complaints and their disposition, including the time taken to respond to the complaint and to repair the problem.
(2) The grantee shall maintain sufficient phone service to ensure that subscribers' calls will be answered within a reasonable amount of time and no subscriber will be put on hold unnecessarily.
(3) The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. A written log shall be maintained for all plant maintenance service interruptions exceeding 30 minutes.
(4) The grantee shall maintain a repair force of technicians capable of responding to subscriber complaints or requests for repair service within 24 hours after receipt of the complaint or request.
(5) The grantee shall furnish each subscriber at the time service is installed, written instructions that clearly set forth procedures, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the service department where complaints or inquiries are to be addressed, and furnish information concerning the City office responsible for administration of the franchise with the address and telephone number of the office when provided by the City.
B. Rights of individuals.
(1) The 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 or sex. The 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 chapter by reference.
(2) The grantee shall strictly adhere to the equal employment opportunity requirements of the Act, § 634, and of the FCC, state and local regulations, as amended from time to time.
C. Protection of subscriber privacy. All rights pursuant to the protection of subscriber privacy shall be governed by § 631 of the Act.
D. Tenant rights.
(1) Interference with cable service prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall unreasonably interfere with the right of any tenant or lawful resident thereof to receive cable television service, cable installation or maintenance from a cable television company regulated by and lawfully operating under a valid and existing cable television franchise issued by the City.
(2) Gratuities and payment to permit service prohibited. The owner of any multiple-unit residential dwelling shall be entitled to reasonable compensation for the grantee's occupation of the owner's property. Neither the owner of any multiple-unit residential dwelling nor his agent or representative, however, shall as demand or receive any additional payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of cable communications service to the dwelling unit occupied by a tenant or resident requesting service.
(3) Penalties and charges to tenants for service prohibited. Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall knowingly penalize, charge or surcharge a tenant or resident, or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable communications service from a grantee operating under a valid and existing cable communication franchise issued by the City.
(4) Protection of property permitted. Nothing in this section shall prohibit a person from requiring that cable television system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property.
(5) Risks assumed by grantee. Nothing in this section shall prohibit a person from requiring a grantee to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable television facilities.
(6) Relief. In the event that permission to serve tenants of any multiple unit, or single, residential dwelling, is denied by the landlord or his agent or representative, the grantee may petition the grantor for relief from the requirement to provide service to such units and such relief shall not unreasonably be withheld.
E. Grantee rules and regulations. The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules and regulations.