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(a) Controller's Report. No less than every two (2) years, the Controller shall file a report with the Board analyzing whether each Person owing a Franchise Fee is complying with the audit, reporting requirements, and payment obligations contained in this Chapter and any Franchise.
(b) Department's Report. No less than every two (2) years, the Department shall file a report with the Board analyzing whether each Grantee is complying with all provisions of this Chapter and its Franchise, except for those addressed by the Controller's Report. The Department's Report shall also identify any Person who may be subject to this Chapter but has not complied with the obligation to obtain a Franchise or pay Franchise Fees.
Applicability. | |
Customer Service Requirements. | |
Technical Requirements. | |
Rate Regulation. | |
Subscriber Privacy. | |
Type of Franchise. | |
Compliance With Customer Service Standards and Consumer Protection Laws. | |
Public Service Announcements in the Event of an Emergency. | |
Interconnection. | |
In addition to satisfying requirements established in a Franchise, all of the provisions of this Article VI shall apply to Cable Systems providing Cable Service to Subscribers, except as prohibited by Applicable Law.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Non-Discriminatory Access to Service. A Cable System Grantee shall provide Cable Service upon request to the City or any Person in the Required Service Area, at no more than the standard installation rate for all Subscribers, without charge for any line extension, regardless of whether extension of plant is required. A Cable System Grantee or UVPP shall not be required to provide Cable Service to any Subscriber who does not pay the applicable fees or charges, except as may be required by the terms of an applicable Franchise.
(b) Inside Wiring. The obligation to provide Cable Service includes the obligation to provide the inside wiring required to deliver the Cable Service to the customer premises equipment used to receive the Cable Service, at no more than the standard installation rate, so long as the Grantee can obtain any necessary consent to access the premises. However, a Grantee or UVPP may not require a Subscriber or the City to use inside wiring provided by Grantee as a condition of receiving Service.
(c) Exclusive Contracts. A Cable System Grantee may not require a Subscriber or a building owner or manager to enter into an exclusive contract as a condition of receiving Service. Any exclusive contract executed after the effective date of the ordinance adopting this Chapter shall inform the Person executing the exclusive contract, in type of equal size and prominence to the rest of the contract: (1) that the Person cannot be denied Service for refusing to agree to an exclusive contract; and (2) that installation rates may be subject to regulation and they should contact the City's Department of Telecommunications and Information Services for additional information. The notice shall include a phone number and contact for the Department of Telecommunications and Information Services provided by the Director.
(d) Month-to-Month Service. Cable Services shall be available to Subscribers on a month-to-month basis.
(e) Disconnection/Downgrades. A Cable System Grantee or UVPP shall promptly disconnect from the Cable System or downgrade any Subscriber who so requests. No period of notice prior to voluntary termination or downgrade of Service may be required of Subscribers by any Grantee or UVPP. A Subscriber shall not be liable for any penalty, termination charge, or charge for Service after the date of any voluntary disconnection unless all of the following apply: (1) the Subscriber took Service pursuant to a bona fide promotional offering that offered the Subscriber reduced rates or increased Service if Service was taken for a designated period; and (2) the Service offering required the Subscriber to pay for disconnection if Service was terminated before the end of the Service period; and (3) the disconnection fee does not exceed the difference between the price paid by the Subscriber for Service already received and the price the Subscriber would have paid if Service had been purchased at the standard price available to Subscribers; and (4) the disconnection fee was prominently displayed, and agreed to in writing by the Subscriber.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Technical Standards. All Cable Systems shall meet or exceed the technical standards set forth in 47 C.F.R. Subpart K (Sections 76.601and any other applicable technical standards established by Applicable Law.
(b) Tests. A Cable System Grantee shall perform all tests necessary to demonstrate compliance with technical and performance standards established by its Franchise and other Applicable Law. Unless a Franchise or Applicable Law provides otherwise, all tests shall be performed following procedures prescribed by the Department. A written report of any test results shall be filed with the City within seven (7) City business days of a request by the City. If a location fails to meet technical or performance specifications, the Cable System Grantee shall, without requiring additional action by the City, promptly take corrective action, retest the locations until compliance is achieved, and report the results of its corrective action to the City.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
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