[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.
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.
[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.