A.
Programming. Concurrently with the activation of the
cable communications system in the township, the grantee shall provide all
services to subscribers as described herein:
(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 its tiers, it shall
maintain the mix and quality 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 township
at least 30 days prior to the proposed implementation. The grantee shall use
its best efforts to ensure diversity of programming.
(2)
Basic service tier. A basic service tier shall be offered
to subscribers throughout the term of this ordinance and the franchise.
(3)
Access. The grantee shall provide and maintain the following
types of access channels, the number of which shall be specified in the franchise:
(a)
Government access channel(s) which shall be a specifically
designated channel(s) for noncommercial local governmental use and shall be
managed, scheduled and programmed exclusively by the township, at no charge
to users.
(b)
Educational access channel(s) which shall be a specifically
designated channel(s) for noncommercial use by local public and private school
authorities and shall be managed, scheduled and programmed exclusively by
them, at no charge to users.
(c)
Public access channel(s), which will be a specifically
designated channel(s) for noncommercial use by members of the general public
on a nondiscriminatory basis, at no charge to users.
(4)
Leased access. The grantee shall make available leased
access channels for commercial use as required by federal law.
(5)
Access services. 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
to the township, provide, service and maintain public emergency transmission
facilities within the township, 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. Service in excess of 150 feet and concealed
wiring shall be charged at such cost as exceeds normal installation costs.
The desire of the subscriber as to the point of entry into the residence or
commercial establishment and location of pedestal 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.
Weather permitting, such restoration shall be undertaken within no more than
10 days after the damage is incurred, and the grantee shall use its best efforts
to undertake and complete such restoration as soon as possible.
B.
Lockout devices. The grantee shall provide to the potential
subscriber information concerning the availability of a lockout device for
use by a subscriber, as part of its customer handbook and notification on
public access channels on a monthly basis for the first year, and periodically
thereafter. 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.
C.
Reconnection. The grantee shall restore service to customers
wishing restoration of service, provided that the customer shall first satisfy
any previous obligations owed.
D.
Free disconnection. Subscribers shall have the right
to have cable service disconnected without charge. A refund of unused service
charges shall be paid to the customer within 45 days from the date of termination
of service.
E.
Subscriber policies. The grantee shall comply with all
subscriber policies in the Cable Ordinance and the franchise agreement.
F.
Installation. The grantee shall install cable to a subscriber
within seven business days of request by the subscriber under normal operating
conditions (as defined by the FCC).
G.
Messages. Under normal operating conditions, the grantee
shall respond by telephone to subscribers leaving telephone messages for the
grantee no later than the next business day.
A.
Business office. The grantee shall establish, operate
and maintain a local or toll-free telephone number for the purpose of receiving
inquiries, requests and complaints concerning all aspects of the construction,
installation, operation and maintenance of the system and shall establish
one or more payment centers within the township for the payment of subscribers'
service charges. The grantee shall provide all subscribers or users with at
least 30 days' prior written notice of a change in business office hours.
The grantee's business office shall maintain a staff adequate to process
complaints, requests for installation, service or repairs and other business
in a timely and efficient manner. The grantee shall add additional telephone
lines and service representatives when a pattern of subscriber complaints
reflect a need for additional service employees.
B.
Telephone service. The grantee shall have a listed telephone
number to receive service calls 24 hours a day, seven days a week. Said number
shall be made available to subscribers and the general public. The grantee
shall provide a private telephone number to the township and utility companies
to enable the township or utility companies to reach the grantee in case of
emergency on a twenty-four-hour, seven-days-a-week basis.
C.
Grantee rules. The grantee shall prepare and file with
the township 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 township office responsible for the administration of the franchise, including
but not limited to the address and telephone number of said office.
D.
Complaint records. The grantee shall keep full records
in connection with all inquiries, complaints and requests in connection with
the system that result in the generation of a work order. 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 township.
E.
Equipment service. The grantee shall service or replace
without charge above the normal lease cost 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.
F.
Subscriber solicitation. The grantee shall provide the
township with a list of names and addresses of all representatives who will
be soliciting within the township and the area in and the dates within which
such solicitations shall take place. Each such representative and all other
employees entering upon private property shall be required to wear an employee
identification card issued by the grantee and bearing a picture of said representative.
The grantee shall notify the general public of its solicitation in a manner
calculated to reach residents in the areas to be solicited in advance of such
solicitation.
G.
Sales information. The grantee shall provide to all subscribers
annually and all prospective subscribers or users complete written information
concerning all services and rates provided by the grantee upon solicitation
of service and prior to consummation of any agreement for installation of
service. Such sales material shall clearly and conspicuously disclose the
price and other information concerning the grantee's least costly service.
Such information shall be written in plain English and shall include but shall
not be limited to the following: all services, tiers and rates; deposits,
if applicable; installation costs; additional television set charges; service
upgrade or downgrade charges; lockout devices; and information concerning
the utilization of video cassette recorders (VCR's) with cable service(s)
and the cost for hooking up such VCR's so that they function as manufactured.
H.
Billing practices information. The grantee shall inform
all subscribers annually and all prospective subscribers or users of complete
information respecting billing and collection procedures, procedures for ordering
changes in or termination of services and refund policies upon solicitation
of service and prior to the consummation of any agreement for installation
of service. Such information shall be written in plain English.
I.
Notice or complaint procedures. The grantee shall periodically,
and at various times of the day, present its business office address and publicly
listed local telephone number by means of alphanumeric display on a local
origination channel.
J.
Response to complaints. Calls for repair service shall
be acted upon as provided in the franchise agreement. System outages, whole
or partial, shall be acted upon immediately. The grantee shall promptly resolve
all complaints. When a complaint cannot be resolved within seven calendar
days, the grantee shall provide the affected subscriber or user with an explanation.
The grantee shall maintain availability of field technicians to repair outages
on a twenty-four-hour basis.
K.
Unresolved complaints. Should a subscriber or user have
an unresolved complaint after the seven-day period described in the preceding
subsection, the subscriber or user shall be entitled to file his complaint
with the township, which shall have primary responsibility for the continuing
administration of this ordinance and the franchise and the implementation
of complaint procedures. A representative of the grantee shall be available
thereafter to meet jointly with the township and the affected subscriber or
user, within 30 days after said subscriber or user has filed the complaint,
to fully discuss and resolve the matter.
L.
Notice of public meeting. Whenever notice of any public
meeting relating to the cable communications system is required by law or
regulation, upon notice by the township, the grantee shall publish or cause
to be published a notice of same sufficient to identify its time, place and
purpose by periodic announcement on the cable communications system between
the hours of 7:00 p.m. and 9:00 p.m., for four consecutive days or more, subject
to prior notification by the township.
M.
Investigation and remedial action. 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 Township
Manager may require the grantee to investigate and report to him/her the causes
and cures thereof, and the Township Manager may also conduct his/her own investigation.
Thereafter, the Township Manager 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 township
a notice of objection to the order, the township 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 ordinance.
A.
Subscription rights. It shall be the right of all subscribers
to receive continuous, uninterrupted service insofar as their financial obligations
to the grantee are honored.
B.
Failure to provide continuity. In the event that the
grantee fails to operate the system for 30 consecutive days without prior
approval of the township or without just cause at any time during the term
of its franchise, the township may, at its option, operate the system or designate
an operator until such time as the grantee restores service under conditions
acceptable to the township or a permanent operator is selected. If the township
is required to fulfill this obligation for the grantee, the grantee shall
reimburse the township for all reasonable costs or damages in excess of revenues
from the system received by the township that are the result of the grantee's
failure to perform.
C.
Extended operation. If financially capable, and in the event that the franchise is terminated, or upon its expiration and nonrenewal, the Board of Supervisors may require the grantee to continue operation for a period not exceeding 12 months after the date of the grantee's termination or expiration. The grantee shall remove, at its own expense, all portions of its cable communications system from all streets and public ways to a condition reasonably satisfactory to the township as specified in § A171-14. The grantee shall maintain a performance bond pursuant to § A171-30 until the conclusion of all operations under the franchise and this ordinance, including the removal of all equipment and facilities.
A.
Protection of subscriber privacy mandatory. The grantee
shall at all times protect the privacy of subscribers, as provided in this
ordinance 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 each subscriber which clearly and
conspicuously informs the subscriber of the privacy rights of the subscriber
and the limitations placed upon the grantee with regard to the collection,
retention, inspection and dissemination of any personally identifiable information
by the grantee.
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 and rates relating to nondiscrimination
which are hereby incorporated and made part of this ordinance 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. Each individual shall have
the right to public information concerning the provisions of this ordinance
and the rules and regulations formulated pursuant to it by the Board of Supervisors,
the grantee, agent or entity created hereunder or pursuant to this ordinance.
