[R.O. 2012 §655.110; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Each operator of a cable communication system shall maintain
an office in the City open during all normal business hours as further
set forth in the franchise agreement. The portion of the office open
to the public shall comply with the terms of the Federal Americans
with Disabilities Act.
[R.O. 2012 §655.120; Ord. No. 98-1-8 §1, 1-26-1998]
An operator shall establish and maintain at least one (1) publicly
listed telephone number where subscribers may register service complaints,
request service and conduct other business. Any telephone used to
receive subscriber complaints and requests for repairs shall be operated
twenty-four (24) hours a day, seven (7) days a week. Telephone equipment
shall be available to permit persons with hearing impairments to communicate
with the operator.
[R.O. 2012 §655.130; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
An operator shall have authority to promulgate, consistent with
the terms of the Cable and Wireless Communications Code and its franchise
agreement, the Act, and any other applicable Federal, State or local
laws, such rules, regulations, policies, prices and subscriber practices
as are reasonably necessary for its business, including installation
and disconnection policies, delinquent accounts collection procedures
and late penalty charges. All financial reports prepared by an operator
and all records maintained by an operator in connection with the franchise
fees shall be prepared in accordance with generally accepted accounting
principles applied on a consistent and fair basis.
[R.O. 2012 §655.140; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
If any subscriber terminates any monthly cable or wireless service
prior to the end of a prepaid period for any reason, a prorated portion
of any prepaid subscriber service fee, using the number of days within
the billing period as a basis, shall be credited to the subscriber's
account by the operator, and refunded to the subscriber upon settlement
of all outstanding obligations.
[R.O. 2012 §655.150; Ord. No. 98-1-8 §1, 1-26-1998]
Unless otherwise provided by ordinance, or by separate franchise
agreement, FCC customer service standards, as they now exist or may
be amended, are adopted and shall apply to an operator's subscribers.
Acceptance of a franchise agreement by an operator shall constitute
any notice required by the FCC of the City's intent to enforce FCC
customer service standards.
[R.O. 2012 §655.160; Ord. No. 98-1-8 §1, 1-26-1998]
A.
Duty To Provide Efficient Service. An operator shall render
efficient service, make repairs promptly and in a workmanlike manner,
and interrupt service only for good cause and for the shortest time
possible.
B.
Regular Office Hours. An operator's office staff will maintain
regular office hours from Monday through Friday. Complaints concerning
billing, employee courtesy, programming, safety, the operator's operational
policies, or any other matter raised by a resident shall be handled
during those hours.
C.
Repair Force. An operator shall maintain a sufficient repair
force of technicians to respond to subscriber complaints, loss of
service, or requests for service.
D.
Resolution Of Complaints. An operator shall use its best
efforts to resolve all complaints as soon as practicable and in all
events within seven (7) days from the date of the initial complaint,
to the extent reasonably possible.
E.
Prorated Billing Credit For Service Interruption. Upon request,
a subscriber's account shall be credited the amount of one (1) day
charge (1/30th of the total monthly charges) for the service if the
subscriber is without cable service for any reason, except subscriber-inflicted
damages to the operator's equipment, for a period exceeding four (4)
hours within a calendar day. An operator shall provide written notice
to its subscribers of this right at least annually.
F.
Complaints Received By The City. All subscribers and residents
may direct complaints and inquiries regarding an operator's service
or performance to the City. Such complaints and inquiries will be
promptly submitted to the operator. If, in the sole discretion of
the franchise administrator, it is concluded that the operator may
not have attempted to resolve a dispute to the reasonable satisfaction
of the person initiating a complaint, and if the complaint remains
unresolved, the City may conduct public hearings regarding the complaint.
If a hearing is conducted, all parties to the dispute shall be invited
to participate. A record shall be maintained of the hearing.
G.
Reports. An operator shall, upon written request of the
City from time to time, in response to subscriber inquiries, complaints
or disputes, provide to the City a report of complaint information,
including the operator's responses, on any individual subscriber.
The report shall include at least the following:
1.
The nature of the complaint;
2.
Actions taken to resolve the complaint;
3.
Whether the complaint was resolved, and if it was, the length of
time taken to resolve the complaint;
4.
If the complaint was not resolved, whether it is anticipated that
the complaint will be resolved; and
5.
If it is not anticipated that the complaint will be resolved, an
explanation for that conclusion.
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Nothing in this Section shall be construed to require the operator
to provide information it reasonably believes to be in violation of
the privacy provisions contained in the Act or other applicable law.
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[R.O. 2012 §655.170; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
Prior to commencement of cable communications service to any
person, whether initial service, upgrade, reconnection to other, except
as to a person for residential services at a residential dwelling
unit, an operator shall, at least seven (7) days prior to such commencement,
provide to the Franchise Administrator a list of such persons along
with the commencement date for each such person. If the City, prior
to the commencement date, notifies an operator that the person has
not obtained all licenses and permits for such location, no operator
shall commence service at such location unless and until the Franchise
Administrator then provides notice to an operator that the licenses
and/or permits have been obtained.
[R.O. 2012 §655.180; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
The City may require an operator to remove and thereupon such
operator shall promptly remove any above-ground portion of a communications
facility if such operator ceases to use that part of the communications
facility in the City for a continuous period of twelve (12) months.
[R.O. 2012 §655.190; Ord. No. 98-1-8 §1, 1-26-1998]
Each operator shall maintain true and accurate maps or plats
of all existing and proposed installations upon the streets and public
property and copies of such shall be submitted to the City upon request
by the City. These maps and plats shall conform to the requirements
of the City and shall be kept continuously current.
[R.O. 2012 §655.200; Ord. No. 98-1-8 §1, 1-26-1998]
An operator shall comply with all Federal, State and local laws
applicable to contractors and franchise holders doing business with
the City concerning equal employment opportunity practices.
[R.O. 2012 §655.210; Ord. No. 98-1-8 §1, 1-26-1998]
Upon request of the City, copies of all petitions, applications
and communications submitted by an operator or its parent corporation,
if applicable, to the FCC, Securities and Exchange Commission or any
other Federal or State regulatory commission or agency having jurisdiction
in respect to any matter directly affecting an operator's operations
shall also be submitted simultaneously to the City by filing the same
with the City. Copies of responses from the regulatory agencies to
an operator shall be furnished by operator to the City on receipt.
[R.O. 2012 §655.220; Ord. No. 98-1-8 §1, 1-26-1998]
A.
Within
ninety (90) days after the close of its fiscal year, an operator shall
submit to the City a written annual report, in a form approved by
the franchise administrator, which shall contain at least the following
information:
1.
Review of system development. A summary of the previous
year's activities in the development of the system in the City, including,
but not limited to, additions, deletions or improvements begun or
discontinued during the reporting year, and a summary of the type
and number of subscribers of each type, subscribers gained or lost,
and the status of any identified unserved areas, including but not
limited to, the current house count, cost of system extension and
estimated time of completion.
2.
Proposal for system development. Detailed plans
setting forth the operator's capital improvements and upgrade plan
for the system in the City for the next twelve (12) months as well
as extension of service into non-service and new subdivision areas
of the City.
3.
Financial information. An annual audited financial
statement prepared in accordance with generally accepted accounting
practices; provided however, if audited financial statements are being
prepared but are not yet available, operator shall submit a balance
sheet and income statement and shall submit the audited information
as soon as reasonably possible thereafter. This information shall
be in addition to that required to establish the operator's gross
revenues, for purposes of establishing the required franchise fee
payable to the City.
4.
Summary of complaints/compliance with customer service standards. A summary of any written complaints received from cable service
subscribers concerning the operation of the system, and information
verifying compliance with the FCC customer service standards and any
locally imposed customer service standards. It is understood that
reporting by an operator of compliance may, if the operator does not
possess technology which can reasonably report compliance by jurisdiction
serviced by the operator, be done on a unified basis by the operator.
5.
Other required information. Unless directed otherwise
by a separate franchise agreement, all reports, records, maps or other
information required by the Cable Communication Codes or a separate
franchise agreement to be submitted to the City, but for which no
specific time for submission is provided, shall be included in the
annual report.
