A. 
Concurrently with the activation of the cable communications system in the town, the grantee shall provide all services to subscribers as described herein and in the franchise at rates detailed in the rate schedule.
(1) 
The system shall carry the broad categories of programming and services listed in the franchise. Should the grantee desire to change the selection of programs or services offered on any of the tiers, it shall maintain the mix, quality and level of services provided over the system. Any such change in programs or services offered shall comply with the conditions and procedures contained in the franchise and shall be reported to the town at least 30 days prior to the proposed implementation. The grantee shall notify all subscribers in writing at least 30 days prior to implementing any change in the selection of programs or services offered on any tiers or prior to adding or deleting any channels or changing the channel number for any station. The grantee shall use its best efforts to ensure diversity of programming.
(2) 
A basic service tier shall be offered to subscribers throughout the term of this chapter and the franchise.
(3) 
The grantee shall provide and maintain, at a minimum, the following access channels whose purposes are outlined below:
(a) 
A Government Access Channel, which shall be a specifically designated channel for local governmental use and shall be managed, scheduled and programmed exclusively by the town.
(b) 
An Educational Channel, which shall be a specifically designated channel for use by local public and private school authorities and shall be managed, scheduled and programmed exclusively by them.
(c) 
A Public Access Channel, which will be a specifically designated channel available on a nondiscriminatory basis.
(4) 
Pursuant to Section 612 of the Cable Act, the grantee shall make channel capacity available as required by federal law for commercial use by any person, group, organization or entity unaffiliated with the franchise upon reaching an appropriate agreement. Rates for commercial use shall comply with applicable federal law and regulations.
(5) 
The grantee shall produce and carry on a designated channel, on a daily basis, an alphanumeric program guide describing, at a minimum, the programs offered on the access channels described above.
(6) 
The grantee shall fully provide, at a minimum, services, facilities and equipment for public, educational and government access as indicated in the franchise.
B. 
Emergency override. The grantee shall, without charge, provide, service and maintain public emergency transmission facilities to the town, as described in the franchise.
A. 
Standard installations. Standard installation shall consist of a service not exceeding 150 feet from a single point or pedestal attachment to the customer's residence. The one-hundred-fifty-foot drop length specified herein shall exclude the width of the street. Service in excess of 150 feet and concealed wiring shall be charged not to exceed additional installation costs before installation begins. The desire of the subscriber as to the point of entry into the residence shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The grantee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken within no more than 10 days after the damage is incurred and shall be completed as soon as possible thereafter.
B. 
Deposits. Any deposit required by the grantee shall bear interest at a rate of not less than 8% or such lower amount as established by state law or regulation.
C. 
Antennas and antenna switches. The grantee shall not, as a condition to providing cable communications service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals. The grantee shall install, upon the request of the subscriber, an RF or antenna switch where required for the provision of services provided by the grantee.
D. 
Lockout devices. The grantee shall provide to the potential subscriber, as part of its promotional literature, information concerning the availability of a lockout device for use by a subscriber. The grantee reserves the right to require a reasonable deposit for the use of this device, as set forth in the rate schedule. The lockout device described herein shall be made available to all subscribers requesting it beginning on the first day that any cable service is provided.
E. 
Reconnection. The grantee shall restore service to customers wishing restoration of service, provided that the customer shall first satisfy any previous obligations owed. The grantee may require a deposit or refuse service to any applicant for bona fide credit reasons which relate to the applicant's overdue or delinquent account with the grantee and may levy reasonable collection charges on overdue or delinquent accounts.
F. 
Free disconnection. Subscribers shall have the right to have cable service disconnected without charge. Such disconnection shall be made as soon as practicable and in no case later than 15 days following notice to the grantee of the same. A refund of unused service charges shall be paid to the customer within 30 days from the date of termination of service.
G. 
Delinquent accounts. The grantee shall use its best efforts to collect on delinquent subscriber accounts. Service will not be disconnected if a delinquent customer agrees at any time to be placed on a regular payment plan to clear the account. In all cases, the grantee shall provide the customer with at least 10 working days' written notice prior to disconnection.
A. 
The company shall establish, operate and maintain a business office and maintenance and repair facility for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation and maintenance of the system and for the payment of subscribers' service charges and providing facilities for the production of programming.
B. 
The grantee shall have a listed, locally staffed telephone number for subscriber service calls, and such telephone service shall be available 24 hours a day, seven days a week. The grantee shall provide a sufficient number of telephone lines and telephone staff members to enable subscribers to reach the grantee without unreasonable delay. The grantee's number shall be published and made available to subscribers and the general public. The grantee shall, in addition, provide an unlisted, locally staffed telephone number to the town and utility companies to enable the town or the utility companies to reach the grantee in case of emergency on a twenty-four-hours, seven-days-a-week basis.
C. 
The grantee shall respond to and resolve subscribers' complaints or requests for service in connection with repairs and maintenance and malfunctions of system facilities. The grantee shall respond as quickly as possible to such complaints and requests, but shall in any case respond within 24 hours. Complaints or requests which may pose a potential health and safety hazard will be responded to immediately. In connection with billing complaints, the grantee shall respond within seven business days.
D. 
The grantee shall prepare and file with the town copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The grantee shall, by appropriate means, such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed, and furnish information concerning the town office responsible for the administration of the franchise, including but not limited to the address and telephone number of said office.
E. 
The grantee shall keep full records in connection with all inquiries, complaints and requests in connection with the system which require corrective action or referral to a supervisor and any written complaint. Such records shall identify the person contacting the grantee and the person responding on behalf of the grantee, the subject matter of the contact, the date and time it was received, the resolution of the matter in question or the action taken by the grantee in connection with the contact and the date and time thereof and such other information as may be deemed pertinent by the grantee. These records shall be made available for periodic inspection by the town.
F. 
The grantee shall service or replace without charge all equipment provided by it to the subscriber; provided, however, that the grantee may charge a subscriber for service to or replacement of any equipment damaged due to negligence of such subscriber.
G. 
For recurrent complaints regarding service deficiencies (other than total or partial loss of service, such as "ghosting," weak audio signal, distortion and the like), the Town Supervisor may require the grantee to investigate and report to him/her the causes and cures thereof, and the Town Supervisor may also conduct his/her own investigation. Thereafter, the Town Supervisor may order specified remedial action to be taken within reasonably feasible time limits. If such action is not taken, or is ineffective, or if within 30 days the grantee files with the Cable TV Advisory Committee a notice of objection to the order, the Cable TV Advisory Committee may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the grantee, take appropriate action pursuant to the terms of this chapter.
A. 
It shall be the right of all subscribers to receive continuous, uninterrupted service insofar as their financial and other obligations to the grantee are honored.
B. 
In the event that the grantee elects to rebuild, modify or sell the system or the town gives notice of intent to terminate or fails to renew its franchise, the grantee shall cooperate with the town or the new grantee or operator in maintaining continuity of service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the system and shall be entitled to reasonable costs for the services when it no longer operates the system.
C. 
Failure to provide continuity. In the event that the grantee fails to operate the system for seven consecutive days without prior approval of the town or without just cause, the town may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the town or a permanent operator is selected. If the town is required to fulfill this obligation for the grantee, the grantee shall reimburse the town for all reasonable costs or damages in excess of revenues from the system received by the town that are the result of the grantee's failure to perform.
A. 
Protection of subscriber privacy mandatory. The grantee shall at all times protect the privacy of subscribers, as provided in this chapter and other applicable federal, state and local laws.
B. 
Notice of privacy provisions. At the time of entering into an agreement to provide any cable service or other service to a subscriber, and at least once a year thereafter, the grantee shall provide notice in the form of a separate written statement to subscribers which clearly and conspicuously informs the subscriber of:
(1) 
The privacy rights of the subscriber and the limitations placed upon the grantee with regard to Article VII hereof and all other applicable federal, state and local subscriber privacy provisions.
(2) 
The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information.
(3) 
The nature, frequency and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made.
(4) 
The period during which such information might be maintained by the cable operator.
(5) 
The times and places at which the subscriber may have access to such information in accordance with this chapter and other applicable federal, state and local law.
C. 
Collection of personally identifiable information prohibited. The grantee shall not use or permit the use of the cable system to collect personally identifiable information concerning any subscriber, except as necessary to render a cable service or other service provided by the cable operator to the subscriber. The grantee shall not install or permit the installation of any special terminal equipment in any subscriber's premises for the two-way transmission of any aural, visual or digital signals without the prior written consent of the subscriber. The grantee shall not tabulate, nor permit others to tabulate, any subscriber use of the cable system which would reveal the opinions or commercial product preferences of individual subscribers, whether residential or business, or of any occupant or user of the subscriber's premises without written authorization from the subscriber for his or her participation in a shop-at-home or similar service. When providing such service, the grantee may tabulate only those responses essential to the functioning of that shopping or other service and may not use any such tabulation of individual preferences for any other purposes. Tabulations of aggregate opinion or preference are permitted, provided that the aggregations are sufficiently large to assure individual privacy.
D. 
Personally identifiable information will not be disclosed without conforming to Provision 631 of the Cable Act.
E. 
The grantee shall not predicate regular subscriber service on the subscriber's grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may at any time revoke any permission previously given by delivering to the grantee a written statement of that intent.
F. 
Each subscriber shall be provided access to all personally identifiable information regarding such subscriber that the grantee collects or maintains or allows to be collected or maintained, and such subscriber shall be provided the opportunity to correct any error in such information.
G. 
Any information concerning individual subscriber viewing habits or responses, except for information for billing purposes, shall be destroyed when no longer required for business purposes or otherwise required to be kept by law.
H. 
This section is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance.
A. 
Nondiscrimination required. The grantee shall not deny service, deny access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, age, sex or physical or mental handicaps, provided that the subscriber shall pay all applicable fees for the service desired. The grantee shall comply at all times with all other applicable federal, state and local laws and regulations and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this chapter by reference.
B. 
Fairness of accessibility. The entire system of the grantee shall be operated in a manner consistent with the principles of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the network, and no one shall be arbitrarily excluded from its use. Allocation of use of said facilities shall be made according to the rules or decisions of the grantee and any regulatory agencies affecting the same.
C. 
Information accessibility.
(1) 
Each individual shall have the right to information concerning the provisions of this chapter and the rules and regulations formulated pursuant to it by the Town Council, the grantee, agent or entity created hereunder or pursuant to this chapter available at the Town Hall. The location and hours of operation for the delivery of such information shall be published in the newspaper of the greatest circulation within the town and in such other media as the Town Council may determine.
(2) 
Such information as may herein be prescribed will be made available to the public and individual subscribers in such form required for understanding, including the deaf and blind, and in such languages as may be specified by the Town Council.
(3) 
Each individual shall have the right to representation on such boards, commissions, agencies or other entities created hereunder or hereafter by the Town Council pursuant to the provisions of this chapter. Such representation by citizens of the town shall be in the manner and form as the Town Council may determine, ensuring equal participation of all protected groups. The grantee shall strictly adhere to the equal employment opportunity requirements of federal, state and local regulations, as may be applicable, and as amended from time to time.