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Upon receipt of notice from a VSP that it will begin providing video service in the city pursuant to a VSA, the City Manager or his/her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in the city under the same service tier conditions and subject to the same channel reclamation conditions as may be proscribed by Ohio R.C. 1332.30(A)(1)(a) - (b) for the incumbent cable provider with the most recent obligation in the city, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within the city within 120 days after delivery of such notice.
(Ord. 07-64, passed 12-27-2007)
In accordance with the requirements of Ohio R.C. 1332.30(A)(l)(a), when more than three PEG access channels are provided to the city by an incumbent cable provider or VSP, such additional channel shall be programmed by the city with at least 40 hours of non-character generated content per week with at least 60 percent of the programming being non-repeat and locally produced. (EDITOR’S NOTE: The definition contained in this section is also located in Chapter 802, § 802.01.) For the purposes of this section NON-REPEAT AND LOCALLY PRODUCED shall mean the first three playbacks of programming produced or provided by any local
resident, or any local public or private agency that provides services to residents of Xenia, or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.
(Ord. 07-64, passed 12-27-2007)
Any VSP Fee or community service fee payments required to be paid to the city by a VSP shall be made quarterly and be remitted directly to the City of Xenia via a negotiable instrument made payable to the City of Xenia, 101 N. Detroit St., Xenia, Ohio 45385, not later than 60 days after the end of a calendar quarter.
(Ord. 07-64, passed 12-27-2007)
Any notice to the city that is required of a VSP in accordance with of Ohio R.C. 1332.21 through 1332.34 shall be provided in written form to the City Manager either by certified mail, express mail or upon personal delivery, all evidenced by a return receipt.
(Ord. 07-64, passed 12-27-2007)
(a) When requested to do so, a video service provider shall assist the city in addressing video service subscriber complaints, in a manner consistent with the provider's complaint handling process.
(b) A video service provider shall meet all of the following customer service standards:
(1) The provider shall restore video service within 72 hours after a subscriber reports a service interruption or other problem if the cause was not a natural disaster.
(2) Upon a report by a subscriber of a service interruption and if the interruption is caused by the video service provider and lasts for more than fours hours in a given day, the provider shall give the subscriber a credit in the amount of the cost of each such day's video service as would be billed to the subscriber.
(3) Upon a report by a subscriber of a service interruption and if the interruption is not caused by the video service provider and lasts for more than 24 consecutive hours, the provider shall give the subscriber, for each hour of service interruption, a credit in the amount of the cost of per hour video service as would be billed to the subscriber.
(4) The provider shall give a subscriber at least 30 days' advance, written notice before removing a channel from the provider's video service, but no such notice is required if the provider must remove the channel because of circumstances beyond its control.
(5) The provider shall give a subscriber at least ten days' advance, written notice of a disconnection of all or part of the subscriber's video service, except if the disconnection has been requested by the subscriber, is necessary to prevent theft of video service, or is necessary to reduce or prevent signal leakage as described in 47 C.F.R. 76.611.
(6) The provider shall not disconnect all or part of a subscriber's video service for failure of the subscriber to pay its video service bill, until the bill is at least 45 days past due.
(7) The provider shall give a subscriber at least 30 days' advance, written notice before instituting an increase in video service rates.
(Ord. 07-64, passed 12-27-2007)