A.
Concurrently with the activation of the cable communications
system in the County, 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. Any changes in programs or services
offered shall be reported to the County at least 30 days prior to
the proposed implementation.
(2)
The grantee shall provide and maintain on the basic
tier, at a minimum no less than two downstream channels for access,
one to be activated with the initiation of the system and the second
to be activated at the request of the County.
(3)
The grantee shall make available leased access channels
to assure that the widest possible diversity of information sources
are made available to subscribers. Such channels shall be specially
designated for leased access use by persons unaffiliated with the
grantee, at rates which are fair and reasonable. The number of such
channels shall be determined by the provision of the Cable Act[1] or other applicable federal or state law.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
(4)
The grantee shall provide additional services, facilities
and equipment for public, educational and government access as indicated
in the franchise.
B.
The grantee shall, without charge, provide, service
and maintain public emergency transmission facilities to the County,
as described in the franchise.
A.
Standard installation shall consist of a service not
exceeding 150 feet from a single point or pedestal attachment to the
customer's residence. 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,
if consistent with all applicable laws, codes and regulations. 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.
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.
C.
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.
D.
The grantee shall restore service to customers wishing
restoration of service, provided that the customer shall first satisfy
any previous obligations owned. Connection shall be made on the next
available regularly scheduled appointment.
E.
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 same. An automatic refund of unused service charges
over $5 shall be paid to the customer within 30 days from the date
of termination of service.
F.
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 mutually agreed-upon 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.
G.
In the conduct of its business franchised hereunder,
neither the grantee nor its officers, employees, or agents shall directly
or indirectly sell, lease, repair, install, or maintain television
sets or receivers or antennas; provided, however, that nothing hereunder
shall prohibit the grantee, at the customer's request and without
payment, from examining or adjusting the customer's receiving set
to determine whether reception difficulties originate in the set or
in the grantee's system.
A.
The grantee shall establish, operate and maintain
in the County a business office 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.
B.
The grantee shall have a listed, locally staffed telephone
number for service calls, and such telephone service shall be available
24 hours a day, seven days a week. Said number shall be made available
to subscribers and the general public. The grantee shall provide an
unlisted locally staffed telephone number to the County and utility
companies to enable the County or utility companies to reach the grantee
in case of emergency on a twenty-four-hour, seven-day-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 County
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.
E.
The grantee shall keep records of all service call
requests and formal complaints. These records shall be made available
for periodic inspection by the County.
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.
The County may review and monitor unresolved customer
complaints.
H.
The grantee, upon subscriber request, shall credit
the subscribers account for a pro rata share of the monthly bill for
any reported outage period in excess of 24 consecutive hours.
The grantee shall at all times protect the privacy
of subscribers, as provided by applicable federal, state, and local
laws.
A.
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.
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.
