Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”
4.20.128.12.1. A franchisee may respond to a service request or complaint by telephone where the service request or complaint does not reasonably require dispatching an employee or contractor to address or resolve such request or complaint. When a telephonic response is insufficient and a service call is necessary, the franchisee shall be deemed to have responded to request for service when a qualified employee or contractor arrives at the subscriber's location or other location where necessary to address the complaint and begin work, provided that the employee or contractor continues said work without cessation to completion where practicable.
4.20.128.12.2. If a work interruption is reasonably necessary (for example, to obtain unforeseeable but necessary permits, tools, materials, equipment or additional personnel), the employee or contractor shall complete said work at the earliest reasonable date that is convenient to the customer, provided; however, that a lack of an adequate supply of cable converters or other electronic hardware shall not be deemed a necessary work interruption.
4.20.128.12.3. If a subscriber is not at home when the employee or contractor arrives, the employee or contractor shall attempt to repair any problems which can be reasonably repaired from outside the customer's premises (for example, a repair to a cable drop between the front of customer's residence and the street).
4.20.128.12.5. A franchisee shall maintain a repair force of service and maintenance personnel capable of responding to subscriber requests for service and complaints under normal operating conditions within the following time frames (unless; a subscriber requests a different date that is more convenient to the subscriber and that is beyond the following performance standards):
4.20.128.12.6. Service interruption within four hours, including weekends and holidays of receiving subscriber calls which by number identify a service interruption. Repairs due to service interruption will be made on evenings and weekends as necessary at no cost to the subscribers or city. Agents of the franchisee responsible for evening and weekend repairs must be available at local telephone number or page;
4.20.128.12.9. Where the subscriber requests service and the franchisee does not complete the service within the requirements of this section, the franchisee shall automatically credit the subscriber's account a prorated amount equal to one thirtieth of the subscribers monthly bill per day, rounded up to the nearest day, in excess of the standards set forth above. The credit shall automatically appear in the customer's next billing cycle. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, "liquidated damages." Additionally, failure to properly credit any customer account shall be grounds for termination of the franchise agreement. (Ord. 205 § 3, 2001)