§ 111.09 OPERATIONAL REQUIREMENTS.
   (A)   The grantee shall install and maintain a CATV system which shall be in accordance with the highest and best accepted standards of the industry to the end that subscriber shall receive the best possible service. In addition, the grantee shall comply with all requirements of duly constituted regulatory agencies having jurisdiction over the CATV or the operation of CATV system.
   (B)   The grantee must obtain individual permits for street opening, must have the installation or construction plans approved prior to construction, must secure all necessary permits at his or her expense and must pay all fees and charges for closing payment cuts.
   (C)   When any portion of the CATV system is to be installed on public utility poles and facilities, a certification that agreement for such joint use has been entered into shall be filed with the towns’s designated agent.
   (D)   The grantee shall maintain an office located as described in § 111.06(F) for the purpose of investigating and resolving subscriber complaints and providing prompt maintenance service.
      (1)   In furtherance of this object, the grantee shall:
         (a)   Maintain a telephone number which subscribers can call without additional toll or message charges, and which will be publicly listed in the white and yellow pages of all telephone directories in which all or a portion of whose area is served by the grantee;
         (b)   Establish procedures so that all service complaints and special requirements are recorded on standardized forms;
         (c)   Employ at all times sufficient and qualified technicians and maintain requisite equipment in order that all bona fide service complaints may be corrected as expeditiously as possible;
         (d)   Inform all subscribers in writing at the time of the institution of cable television service of the procedures and facilities maintained by the grantee for the purpose of investigating and resolving service complaints, and of the fact that subscribers may inform the town’s designated agent in the event that complaints are not resolved to their satisfaction;
         (e)   Retain complaint records available for inspection at any time and from time to time by the town’s designated agent showing the nature of the complaint and its disposition;
         (f)   Provide the town’s designated agent annual reports summarizing the number of complaints, the disposition thereof, and the lengths of time required for disposition; and
         (g)   The grantee shall ensure that in the event any subscriber’s service is not satisfactory because of circumstances solely within the control of the grantee for a period of 24 continuous hours, such subscriber shall receive a prorated credit on his or her next regular statement for each day or portion thereof such service is unsatisfactory.
      (2)   The town shall designate its agent, who is and shall be responsible for supervision of the grantee’s resolution of service complaints; and the town’s designated agent and grantee shall confer with respect to any and all complaints received by the town’s designated agent from subscribers with respect to the quality of service provided.
   (E)   The grantee shall abide by all federal laws and regulations governing the operation of a CATV system.
   (F)   The grantee must carry the signal of any local television broadcasting station or stations which may hereafter be erected on its cable on the same basis as other stations already being carried, if FCC regulations so require such service. In the event FCC regulations are changed, no commercial television station within 30 air miles of the Old Burke County Courthouse which has previously been carried shall be dropped.
   (G)   The grantee shall use the highest standard of care to protect the privacy of all subscribers to the CATV system, and the system shall be designed, constructed and maintained to that end.
(Ord. passed 5-9-1983)