A. 
A cable system shall have the services and facilities prescribed in this chapter and in a franchise agreement.
B. 
Upon the execution of a franchise agreement, a grantee shall notify the Town of the number of channels and types of services it offers and intends to offer on the cable system and shall attach its current channel lineup as an exhibit to the franchise agreement. A grantee shall also notify the Town in writing within 30 days of any change in the number of channels or types of services offered. Concurrently with the activation of its cable system, a grantee shall make all such programming and services available to subscribers.
C. 
A grantee shall provide emergency alert capacity pursuant to FCC rules. A grantee shall cooperate with the Town in the use and operation of the emergency alert override system.
D. 
A grantee may alter, adjust, modify, rebuild, upgrade, redesign or otherwise reconfigure the cable system at any time during the term of a franchise agreement; provided, however, that no such alteration, adjustment, modifications, rebuild, upgrade, redesign or other reconfiguration of the cable system shall have the effect of reducing the technical capabilities of the cable system from those prescribed herein.
In accordance with applicable law, a 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 specifically 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 applicable law.
Unless otherwise provided in a franchise agreement:
A. 
A grantee shall put, keep and maintain all parts of a cable system in good condition throughout the term of a franchise.
B. 
Upon the reasonable request for service by any person located within a grantee's franchise area, the grantee shall, within 60 days, furnish the requested service to such person within the terms of any franchise line extension policy. A request for service shall be unreasonable for the purpose of this subsection if no trunk line installation capable of servicing the person's property has as yet been installed.
C. 
A grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, to the maximum extent practicable, shall be preceded by notice and shall occur during periods of minimal cable system use.
D. 
A grantee shall not allow its cable system or other operations to interfere with television reception of subscribers or persons not served by the grantee, nor shall a cable system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents within the confines of the Town of Galena.
E. 
A grantee shall provide and maintain a toll-free telephone access line available to subscribers 24 hours a day, seven days a week, or a comparable customer service communication system. Trained representatives shall be available to respond to customer inquiries during normal business hours.
F. 
Under normal operating conditions, telephone answer time, including wait time and the time required to transfer the call, shall not exceed 60 seconds. This standard shall be met no less than 90% of the time as measured on a quarterly basis.
G. 
Standard installations will be performed within seven business days after an order has been placed. A standard installation is one that is within 125 feet of an existing cable system.
H. 
Excluding those situations which are beyond its control, a grantee will respond to any service interruption promptly and in no event later than 24 hours from the time the interruption becomes known. All other regular service requests will be responded to the next business day after notification of the service problem. The appointment window alternatives for installations, service calls and other installation activities will be "morning" or "afternoon," not to exceed a four-hour window during normal business hours, or at a time that is mutually acceptable to a grantee and a customer. A grantee will schedule supplemental hours during which appointments can be scheduled based on the needs of the community served. If at any time an installer or technician is running late, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time that is convenient to the customer.
I. 
A customer service center(s) and bill payment facility(ies) shall be conveniently located for subscribers and open for walk-in customer transactions during normal business hours. A grantee may, in its sole discretion, establish supplemental hours on weekdays and/or weekends if it would fit the needs of the community served.
J. 
In the event of an outage of subscriber cable service, the following shall apply after proper notification to a grantee:
(1) 
For outages of over six consecutive hours and up to seven days, the grantee shall provide, at a subscriber's written request, a credit of 1/30 of one month's fees for affected services for each twenty-four-hour period service is interrupted for six consecutive or more hours for any single subscriber, with the exception of: subscribers disconnected because of nonpayment; excessive signal leakage; or circumstances beyond grantee's reasonable control.
(2) 
For outages of seven days or more in one month which have been properly reported in writing to the grantee and which are within the reasonable control of the grantee, the grantee shall provide, at a subscriber's written request, a credit for service to affected subscribers in accordance with the grantee's billing and refund policies.
K. 
For outages of over six consecutive hours and up to seven days, the grantee shall provide, at a subscriber's written request, a credit of 1/30 of one month's fees for affected services for each twenty-four-hour period service is interrupted for six consecutive or more hours for any single subscriber, with the exception of subscribers disconnected because of nonpayment; excessive signal leakage; or circumstances beyond the grantee's reasonable control. A grantee will provide written information in each of the following areas at the time of installation and at any future time upon the request of the customer:
(1) 
Product and services offered;
(2) 
Prices and cable service options;
(3) 
Installation and service policies; and
(4) 
How to use the cable service.
L. 
Bills will be clear, concise and understandable, with all services itemized consistent with applicable law.
M. 
Credits will be issued promptly, but no later than a customer's next billing cycle following the resolution of the request and the return of equipment to a grantee if service has been terminated.
N. 
Unless otherwise specified by FCC regulations, customers and the Town will be notified a minimum of 30 days in advance of any rate or programming channel change, provided that the change is within the control of a grantee.
O. 
A grantee shall continue, through the term of a franchise, to maintain the technical standards and quality of service specified in this chapter. Should the Town find, by resolution of the Mayor and Council of the Town of Galena, that a grantee has failed to maintain these technical standards and quality of service, then the grantee shall be required to implement a plan for resolution.
P. 
A grantee shall keep a record of monthly service calls which will indicate the nature of each service complaint received in the past 12 months, the date it was received, the disposition of said complaint, and the date thereof. Upon reasonable notice, such records shall be made available to the Town for inspection.
Q. 
All personnel of a grantee contacting subscribers or potential subscribers outside the office of the grantee must be clearly identified as associated with the grantee.
R. 
The provisions of § 59-40 notwithstanding, in the event a grantee fails to arrive for installations and/or service calls within the scheduled four-hour time frame set forth in this chapter under normal operating conditions less than 90% of the time as measured on a quarterly basis, then the Town may impose a monetary penalty upon the grantee. The amount of such monetary penalty shall be established by resolution of the Mayor and Council of the Town of Galena. Prior to imposition of the penalty, the Town shall notify the grantee in writing of the alleged default. Upon receipt of the notice, the grantee shall have a sixty-day period in which to correct the default, or it may elect to pay such penalty, in which event the act or omission giving rise to the penalty shall not be the basis for any other sanction by the Town. In the alternative, a grantee shall have the right to request a hearing affording due process before the Mayor and Council of the Town of Galena to determine whether the penalty should be imposed. The imposition of any such penalty shall be stayed pending the final outcome of such proceeding.
A grantee shall provide, for sale or lease, to subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any channels offered by the grantee.
A. 
Basic cable service will, upon request of the Town, be made available to any Town buildings and facilities identified in a franchise agreement. Connection and access to the cable system shall be provided to such buildings and facilities within 90 days of the Town's written request. One drop per building or facility shall be made without charge for installation of up to 125 feet from a grantee's activated cable system. Unless otherwise provided in a franchise agreement, the Town shall be solely responsible for any costs associated with the installation of any additional drop or nonstandard drop costs, line extension costs or other construction cost other than the one standard drop per building or facility. The Town shall be responsible for selecting, purchasing, installing and maintaining any premises equipment necessary for individuals at its buildings and facilities to use the cable system.
B. 
A grantee shall not charge the Town for the provision of basic cable television services and, to the extent allowed by applicable federal and state law, for Internet access provided to those Town buildings and facilities set forth in a franchise agreement.
C. 
A grantee will not pass through, as an external cost to residential subscribers of the cable system, the cost of providing cable service, including Internet service, to Town buildings and facilities.
A. 
Availability and use of channel.
(1) 
Upon 180 days' prior written request from the Town, a grantee shall make available to each of its subscribers who receive some or all the services offered on the cable system reception of one PEG access channel, which shall be used for public, educational and government programming. The PEG access channel shall be made available by a grantee for use by the Town and its citizens in accordance with this chapter and applicable law. The grantee will provide the PEG access channel on the lowest available digital tier or as otherwise provided in federal or state laws or regulations.
(2) 
To the extent that a PEG access channel is not being used for the provision of noncommercial, public, educational or governmental access purposes, a grantee shall be permitted to use such channel for the provision of other services subject to any reasonable rules established by the Town regarding such use; provided, however, that such permitted use shall cease within 90 days of the grantee's receipt of written notice from the Town that such channel will again be used for PEG access on a Town-wide or cable system-wide basis.
B. 
To enable distribution of the PEG access channel, a grantee shall install PEG access video return capability in accordance with the requirements in the franchise agreement.
(1) 
If the Town wishes to cablecast live programming, then the Town shall select a location within the franchise area and a grantee shall provide and install, within 180 days' written notice from the Town, the cables, wires, lines and other signal distribution equipment for an alternative technology such that live programming can originate from the selected location and be distributed via the cable system to subscribers in the franchise area. These cables, wires, lines and other signal distribution equipment shall be collectively known as the "return line."
(2) 
Any expenditures made in connection with construction and maintenance of return lines for live programming not utilizing an Internet-based or other type of capable technology shall be at the expense of the Town.
(3) 
A grantee shall be responsible for maintaining the wiring to the video origination points, provided that the Town provides the grantee with access to the location and access to the PEG equipment within the location. A grantee shall provide, install and maintain in good working order the equipment and the fiber necessary for transmitting the signal to the channel aggregation site for further processing and distribution to subscribers. A grantee shall deliver the PEG access channel signal at a level of technical quality that is comparable to the level of technical quality provided by the grantee for signals of commercial channels transmitted to subscribers in the franchise area; provided, however, that the grantee shall have no responsibility to improve upon or modify the signal quality of any PEG access channel content provided to grantee by any PEG access channel programmer.
(4) 
The Town or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising all of the trained/qualified personnel required to conduct the operation of the PEG channel. The Town and a grantee shall work cooperatively in implementing the PEG channel through such means and in such manner as shall be mutually satisfactory.
C. 
Access facilities and equipment.
(1) 
Within 60 days of the execution of a franchise agreement, a grantee shall pay the Town a grant in the amount set forth in the franchise agreement. Such grant shall be used by the Town, in its sole discretion, to purchase, operate and maintain PEG access facilities and equipment.
(2) 
The Town shall be responsible for the provision and operation of the access facilities and equipment. The Town may delegate from time to time its responsibilities to others who then shall assume the responsibility of the Town in accordance with the Town's delegation.
(3) 
The Town will develop reasonable rules regarding use of access facilities and equipment and determine its needs for PEG access services. In this regard, the Town shall regularly coordinate with a grantee for the purpose of developing and maintaining reasonable access facilities and equipment.
(4) 
A grantee is responsible for its head end equipment necessary for the playback of programming, including operation and maintenance. The Town is responsible for all on-site equipment for telecasting from any origination point.
D. 
All capital costs incurred by a grantee for providing the use of the PEG access channels and supporting such channels, including any and all access facilities and equipment and capital grants, may be designated as "costs of franchise requirements" or "external costs" pursuant to the Cable Act.
A. 
At the expiration of the franchise term or if any renewal request is denied, or upon the termination of a franchise as provided in this chapter, a grantee shall forthwith, upon reasonable notice by the Town, remove at its own expense all designated portions of its cable system from all public rights-of-way within the Town. If a grantee fails to do so within 12 months of notice, then the Town may perform such removal at the grantee's expense. Upon such notice of removal, a bond shall be furnished by a grantee in an amount sufficient to cover this expense.
B. 
Notwithstanding the above and pursuant to the Cable Act, a grantee shall not be required to remove its cable system, or to relocate or sell the cable system or any portion thereof, as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow the grantee from providing cable service, if the cable system is actively being used to facilitate any other services not governed by the Cable Act or any portion thereof.