(A) Nondiscrimination. The grantee shall not discriminate between individual, nondelinquent subscribers within one type or class in the availability of services at either standard or differential rates according to published rate schedules. No charges may be made for individual services except as listed in published schedules which are available to inspection by anyone at the grantee’s office quoted by the grantee on the telephone, and displayed or communicated to all potential subscribers. The grantee may provide discounts to groups of customers at rates determined by the grantee.
(B) Prepayment. The grantee may, at its option, charge subscribers for services not more than two months in advance unless an individual subscriber requests a longer period.
(C) Disconnect for cause. The grantee may disconnect a subscriber only for cause, which shall include, without limitation, the following:
(1) Payment delinquency in excess of 45 days;
(2) Willful or negligent damage to or misappropriation of the grantee’s property;
(3) Monitoring, tapping or tampering with the grantee’s system, signals or service; and
(4) Threats of violence to the grantee’s employees or property.
(D) Reconnection. The grantee shall, upon subscriber’s written request, reconnect service which has been disconnected for payment delinquency when payment has removed the delinquency. A published standard charge may be made for reconnection. The grantee shall not be required to make more than three reconnections for the same subscriber if the disconnections involved were caused by payment delinquency within the past 24 months. Reconnection for disconnects covered by divisions (B) or (C) above or this division (D) shall be at the grantee’s sole discretion.
(E) Installations.
(1) The grantee shall promptly provide and maintain service to the residential, commercial and industrial structures as provided in the franchise agreement, in the service area as defined in the franchise agreement, upon request of the lawful occupant or owner.
(2) In the case of a new drop, the grantee shall advise each subscriber that he or she has the right to require his or her installation be done over any route on his or her property, and in any manner he or she may elect which is technically and economically feasible if he or she so elects, require that any such request be made in writing. If the subscriber requests installation other than a standard installation, then the subscriber may be required to pay a reasonable fee for the time and materials occasioned by the installation and to sign an agreement releasing the grantee from liability for poor service or damage to person or property resulting from the nonstandard installation.
(3) For purposes of this section, a STANDARD INSTALLATION shall include installation of drop cable with fittings up to 150 feet from the CATV distribution system measured along the cable from the centerline of the street or utility easement through the house wall or at the customer’s option through the floor from a house vent or crawl space directly to the customer’s entry to the television set. Also included as part of a standard installation is the grounding cable, fine tuning of the television set and the provisions of the appropriate literature.
(F) Converters/terminals. At such time as a converter or terminal becomes necessary for subscribers to have access to services on its system, the grantee shall make them available to subscribers. The grantee may require each subscriber who elects to take a converter or terminal to furnish a security deposit therefor and/or pay a monthly fee.
(1) Each device shall be and remain the property of the grantee unless the grantor approves its sale to the subscriber. The grantee shall be responsible for maintenance and repair of all equipment owned by the grantee and may replace it as he or she may from time to time elect, except that subscriber shall be responsible for loss of or damage to any such device while in his or her possession.
(2) Upon termination or cancellation of subscriber’s service, the subscriber shall promptly return the grantee’s property to the grantee in the same condition as received, reasonable wear and tear excepted.
(3) The grantee may apply the security deposit against any sum due from subscriber loss of or damage to such converter exceeding reasonable wear and tear. In the event that no security deposit has been required, the grantee may charge the subscriber for any such damage exceeding reasonable wear and tear.
(4) If the grantee has no claim against the deposit, the grantee shall return it, or the balance, to the subscriber.
(G) Nonstandard installations. For each nonstandard drop installed, the grantee may charge the subscriber for the cost of material and labor in excess of that for a standard drop. The grantee shall provide each subscriber an estimate of all charges prior to installation and obtain subscriber’s authorization in advance for all nonstandard drop charges.
(2009 Code, § 8-1-7) (Ord. 93-5, passed 4-11-1993)