(a) (1) There shall be no charge for disconnection of any installment or outlet. If any subscriber fails to pay a properly due monthly subscriber fee or any other proper fee or charge when due, Grantee may discontinue service to such subscriber; provided, however, Grantee may not remove any of its equipment until after the later of:
A. 45 days after the due date of said delinquent fee or charge; or
B. 10 days after delivery to subscriber of written notice of the intent to disconnect.
(2) If a subscriber pays before expiration of the later of division (a)(1)A. or (a)(1)B., Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the subscriber's cable service. Where a subscriber has become delinquent in payment more than once, Grantee shall not be required to reinstate the subscriber's cable service.
(b) Refunds to subscribers shall be made or determined in the following manner:
(1) If Grantee fails, upon request by a subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said subscriber. This provision does not alter Grantee's responsibility to subscribers under any separate contractual agreement or relieve Grantee of any other liability.
(2) If any subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with the franchise, Grantee shall refund to such subscriber the proportionate share of the charges paid by the subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of the franchise.
(c) If any subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate portion of any prepaid subscriber service fee, using the number of days as a basis, shall be refunded to the subscriber by Grantee.
(Ord. 141. Passed 2-12-03.)