A. Complaints To Grantee: Grantee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the grantor. The procedures shall prescribe the manner in which a subscriber may submit a complaint, either orally or in writing. At the conclusion of grantee's investigation of a subscriber complaint, but in no event more than ten (10) days after receiving the complaint, grantee shall notify the subscriber of the results of the investigation and its proposed action or resolution, if any. The grantee shall also notify the subscriber of the subscriber's right to file a complaint with the grantor in the event the subscriber is dissatisfied with the grantee's decision.
B. Complaints To Grantor: A subscriber who is dissatisfied with grantee's proposed decision shall be entitled to have the complaint reviewed by the grantor. The subscriber shall initiate the review by filing a complaint, together with the grantee's decision, if any, with the grantor, and by the grantor notifying the grantee of the filing. The subscriber shall make such filing and notification within twenty (20) days of receipt of grantee's decision or, if no grantee decision has been provided, within thirty (30) days after filing the original complaint with grantee. The grantor may extend these time limits for reasonable cause.
C. Review By Grantor: The grantor shall determine, upon a review of a subscriber complaint and the grantee's decision, if any, whether further action is warranted. In the event the grantor does not initiate further proceedings within fifteen (15) days of the filing of the complaint, the grantee's proposed action or resolution shall be final. If the grantor decides to initiate further investigation, the grantor shall require the grantee and the subscriber to submit, within ten (10) days of notice thereof, a statement of the facts and arguments in support of their respective positions. The grantor shall issue a written decision within fifteen (15) days of receipt of the statements or, if a hearing is requested, within fifteen (15) days of the conclusion of the hearing, setting forth the basis of the decision.
D. Remedies For Violations: The grantor may, as a part of a subscriber complaint decision issued under the provisions of this Chapter, impose damages on the grantee. Damages may be imposed only if the grantor finds that the grantee has arbitrarily refused or failed without justification, to comply with the provisions of this Section. (Ord. 3-95, 3-21-1995)