[Adopted 8-9-1994 by Ord. No. 815]
As used in this article, the following terms shall have the meanings
indicated:
The Cable Television Consumer Protection and Competition Act, P.L.
No. 102-385, 106 Stat. 1460 (1992).
Those standards governing customer service which are prescribed by
the FCC existing on the effective date of this article and as may be hereafter
amended and may be enforced by the franchising authority.
The Federal Communications Commission.
The Borough of Monaca.
A customer of the cable operator(s) receiving cable television service
within the geographic boundaries of the franchising authority.
A.
Within 90 days of receipt by Adelphia Cable Television,
Inc. (ACTV), of written notice from the franchising authority of the franchising
authority's intention to monitor and enforce the customer service standards
adopted by the FCC, ACTV shall comply with said standards.
B.
At the next billing cycle after receipt of said notice
to its existing subscribers and at or prior to the time of installation for
new subscribers, ACTV shall provide its subscribers with notice of its customer
service standards and shall provide said subscribers with the name of the
franchising authority or contact person for said franchising authority that
the subscriber should contact to report any violation or alleged violation
of said customer service standards.
C.
The franchising authority, upon receipt of a complaint
of an alleged violation of the customer service standards or upon discovery
of a violation on its own accord, shall provide notice of the same to ACTV,
which may respond thereto within 10 days of said notice.
D.
Any failure of ACTV to cure a violation of the customer
service standards within such time as shall be set by the franchising authority
or to timely respond to a notice from the franchising authority regarding
a violation shall be a violation of this article.
A.
Cumulative remedies. Where this article provides alternative
penalties or remedies, they shall be cumulative, and the imposition of one
penalty or remedy shall not prevent the franchising authority from invoking
any other penalty or remedy provided herein.
B.
In addition to all other rights and remedies provided
herein, the franchising authority shall have all rights and remedies afforded
under the franchise agreement.
C.
Unless otherwise provided, any person convicted of violating
any provision of this article shall, upon conviction, be fined not more than
$500 and costs for each offense. Each day of a continuing violation shall
constitute a separate and distinct offense, and each violation with respect
to a subscriber shall be a separate offense.
