753.08 OUTAGES.
(a) Interruption of Service. The operator shall exercise its best efforts to limit any scheduled interruption of any cable service for any purpose to periods of minimum use.
(b) Time Periods by Which Outages to Be Corrected and Repaired.
(1) The operator shall maintain sufficient repair and maintenance crews to correct outages promptly and, excluding situations beyond the operator’s control, no later than twenty-four hours after the operator becomes aware of the outage. The operator shall maintain sufficient repair and maintenance crews so that, under normal operating conditions, service problems shall be repaired within thirty-six hours after the operator receives the request if received during the normal work week and within forty-eight hours if received on weekend days.
(2) In cases where it is necessary to enter upon a subscriber’s premises to correct any service problem, the appointment window alternatives will be morning or afternoon during normal business hours. Based on community needs, the operator may schedule supplemental hours during which appointments can be set.
(c) Failure to Meet Time Periods May Be Excused. The operator’s failure to correct outages or to make repairs within the stated time periods shall be excused if the operator could not obtain access to the subscriber’s premises. The operator shall provide written notice at the subscriber’s premises that they were present.
(d) No Charge For Repair Service. The operator shall not impose any fee or charge any subscriber for any service call to his or her premises to perform any repair or maintenance work, unless such work was necessitated by an intentional act or gross negligence of such subscriber, or if the subscriber’s equipment was determined to be at fault.
(e) Service Calls to be Provided on a Nondiscriminatory Basis. The operator shall provide all service calls on a nondiscriminatory basis.
(f) Refund Policy. The operator agrees to voluntarily refund a pro-rata share of subscriber’s bill when service has been unavailable for twelve consecutive hours within a twenty-four hour period. Such refund will be issued by operator without any action by the subscriber. Such refund will be credited to the subscriber’s bill. In addition, the operator agrees to refund a pro-rata share of the subscriber’s bill upon subscriber’s request if service is unavailable for two consecutive hours within a twenty-four hour period.
(Ord. 95-29. Passed 3-28-95.)