§ 33-01-120. Requirements of grantee.

A.

Except as otherwise provided in the franchise agreement, grantee shall maintain a conveniently located local office or offices within the city to provide the necessary facilities, equipment and personnel to comply with the following consumer protection and service standards under normal operating conditions. For the purposes of this section, "normal operating conditions" shall exclude short-term telephone traffic peaks, such as during billing cycles and seasonal subscriber variations.

(1)

Sufficient toll-free telephone line capacity during normal business hours to assure that telephone calls shall be answered before the fourth ring by either a customer service representative or an automatic response unit. The time to be connected to a customer service representative, if the subscriber desires, including wait time, shall not exceed thirty (30) seconds. Under normal operating conditions, a caller shall receive a busy signal less than three (3) percent of the time.

(2)

Emergency toll free telephone line capacity on a twenty-four-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day.

(3)

A conveniently located local business and service office within the city open during normal business hours at least eight (8) hours daily, and at least four (4) hours weekly on evenings or weekends, and adequately staffed to accept subscriber payments and respond to service requests and complaints.

(4)

An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a twenty-four-hour per day basis.

(5)

An installation staff, capable of installing service to any subscriber requiring a standard installation within ten (10) days after receipt of a request, in all areas where trunk and feeder cable have been activated. "Standard installations" shall be those that are located up to one hundred fifty (150) feet from the existing distribution system, unless otherwise defined in any franchise agreement.

(6)

Grantee shall schedule, within a specified four-hour time period during normal business hours, all appointments with subscribers for installation of service, service calls and other activities at the subscriber location. Grantee may schedule installation and service calls outside of normal business hours for the express convenience of the customer. Grantee shall not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If a grantee representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer shall be contacted and the appointment rescheduled, as necessary, at a time which is convenient for the customer.

B.

Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the cable system, preferably between midnight and six a.m. (6:00 a.m.).

C.

The grantee shall maintain a repair force of technicians normally capable of responding to subscriber requests for service within the following time frames:

(1)

For a system outage: Within four (4) hours, including weekends, of receiving subscriber calls or requests for service which by number identify a system outage of sound or picture of three (3) or more channels, affecting at least ten (10) percent of the subscribers of the system.

(2)

For an isolated outage: Within twenty-four (24) hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one or more channels that affect three (3) or more subscribers. On weekends, an outage affecting fewer than three (3) subscribers shall result in a service call no later than the following Monday morning.

(3)

For inferior signal quality: Within forty-eight (48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality. Grantee shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notification of arrival. Two (2) successive subscriber failures to be present at an appointed time shall excuse grantee of the duty to respond. Grantee shall not charge for the repair or replacement of defective equipment owned by grantee and provided to subscribers.

D.

Unless excused, grantee shall determine the nature of the problem within forty-eight (48) hours of beginning work and resolve all cable system related problems within five (5) business days unless technically infeasible.

E.

The standards of paragraphs A.—D. above shall be met not less than ninety-five (95) percent of the time measured on a quarterly basis.

F.

Subscriber bills shall be clear, concise and understandable. Bills shall be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates and credits. Bills shall clearly state the place payment will be made. In case of a billing dispute, the grantee shall respond to a written complaint from a subscriber within thirty (30) days.

G.

Upon request, grantee shall provide appropriate credits or refunds to subscribers whose service has been interrupted for four (4) or more hours. All credits for service shall be issued no later than the customer's next billing cycle following the determination that a credit is warranted. Refunds shall be issued promptly, but no later than either:

(1)

The subscriber's next billing cycle following resolution of the request, or thirty (30) days, whichever is earlier; or

(2)

Within seven (7) days after the return of the equipment supplied by the grantee if service is terminated.

H.

Grantee shall provide written information on each of the following areas at the time of the installation of service, at least annually to all subscribers, and at any time upon request:

(1)

Products and services offered; and

(2)

Prices and options for programming services and conditions of subscription to programming and other services; and

(3)

Installation and service maintenance policies; and

(4)

Instructions on how to use the cable service; and

(5)

Channel positions of programming carried on the system; and

(6)

Billing and complaint procedures, including the address and telephone number of the grantor's office designated for dealing with cable-related issues.

I.

Subscribers shall be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the grantee. In addition, grantee shall notify subscribers thirty (30) days in advance of any significant changes in the information required in paragraph H. above.

J.

Within thirty (30) days of receiving written notice, grantee shall establish its compliance with any or all of the standards required above. Grantee shall provide sufficient documentation to permit grantor to verify the compliance.

K.

A repeated and verifiable pattern of non-compliance with the consumer protection standards of A.—H. above, after grantee's receipt of due notice and an opportunity to cure, may be deemed a material breach of the franchise agreement.

L.

Grantee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the grantor. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber's grounds for dissatisfaction. Grantee shall file a copy of these procedures with grantor. Said procedures shall include a requirement that grantee respond to any written complaint from a subscriber within thirty (30) days of receipt.

M.

Grantor shall have the right to review grantee's response to subscriber complaints in order to determine grantee's compliance with the franchise requirements, subject to the subscriber's right to privacy.

N.

It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to rebuild, modify, or sell the system, or the grantor gives notice of intent to terminate or not to renew the franchise, the grantee shall act so as to ensure that all subscribers receive service so long as the franchise remains in force. In the event of a change of control of grantee, or in the event a new operator acquires the system, the original grantee shall cooperate with the grantor, new grantee or operator in maintaining continuity of service to all subscribers. During such period, grantee shall be entitled to the revenues for any period during which it operates the system.

O.

In the event grantee fails to operate the system for seven (7) consecutive days without prior approval or subsequent excuse of the grantor, the grantor may, at its sole option, operate the system or designate an operator until such time as grantee restores service under conditions acceptable to the grantor or a permanent operator is selected. If the grantor should fulfill this obligation for the grantee, then during such period as the grantor fulfills such obligation, the grantor shall pay all system expenses and shall be entitled to collect all revenues from the system, and the grantee shall indemnify the grantor against any damages grantor may suffer as a result of such failure.

P.

All officers, agents or employees of grantee or its contractors or subcontractors who, in the normal course of work come into contact with members of the public or who require entry onto subscribers' premises shall carry a photo-identification card in a form approved by grantor. Grantee shall account for all identification cards at all times. Every vehicle of the grantee or its major subcontractors shall be clearly identified as working for grantee.

Q.

Grantor reserves the right to regulate cable rates, to the maximum extent permitted by applicable law and/or regulation, in a manner consistent with such law and or regulation.

(Ord. No. 958, § 12, 10-24-95)