[Ord. #89-07]
The Grantee shall provide the necessary facilities, equipment
and personnel to comply with the following consumer standards under
normal conditions of operation:
a.
Sufficient toll-free telephone line capacity to assure, during normal
business hours and operating conditions, that all calls will be answered
within ten (10) rings by a recording device, and that a minimum of
ninety (90%) percent of all callers for service will not be required
to wait more than three (3) minutes after hearing the recording before
being connected to a service representative. "Normal business hours
and operating conditions" are defined to exclude monthly billing cycle
periods and unanticipated system emergencies.
b.
Emergency toll-free telephone line capacity on a twenty-four (24)
hour basis, including weekends and holidays.
c.
A business and service office, within the City or within the unincorporated
area of Kensington, or on San Pablo Avenue north of the Albany City
Hall and no farther than three (3) miles from the City limits, open
during normal business hours and at least four (4) hours weekly outside
of normal business hours, and adequately staffed to accept subscriber
payments and respond to service requests and complaints. Such office
shall be established no later than two (2) years after the effective
date of the franchise.
d.
An emergency system maintenance and repair staff, capable of responding
to and repairing major system malfunction on a twenty-four (24) hour
basis.
e.
An installation staff, capable of installing service to any subscriber
within seven (7) days after receipt of a request, in all areas where
trunk and feeder cable have been activated.
f.
Grantee shall schedule, within a specified four (4) hour time period,
all appointments with subscribers for installation or service.
[Ord. #89-07]
a.
The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of the system, preferably between midnight and 6:00 a.m. A written log or an equivalent stored in computer memory and capable of access and reproduction, shall be maintained for all service interruptions and requests for cable service as required by subsection 6-14.5 herein.
b.
The Grantee shall maintain a repair force of technicians normally
capable of responding to subscriber requests for service within the
following time frames:
1.
System Outage: Within four (4) hours, including weekends, of receiving
subscriber calls which by number identify a system outage of sound
or picture of one (1) or more channels, affecting all the subscribers
of the system or at least twenty (20%) percent.
2.
Isolated Outage: Within twenty-four (24) hours, including weekends,
of receiving requests for service identifying an isolated outage of
sound or picture for one (1) or more channels.
3.
Inferior Reception Quality: Within forty-eight (48) hours, including
weekends, of receiving a request for service identifying a problem
concerning picture or sound quality.
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Grantee shall be deemed to have responded to a request for service
under the provisions of this section when a technician arrives at
the service location and begins work on the problem. In the case of
a subscriber not being home when the technician arrives, response
shall be deemed to have taken place if the technician leaves written
notification of arrival.
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No charge shall be made to the subscriber for any service call
unless the service request can be demonstrated to be both repeated
and non-cable system in origin, or to involve subscriber negligence.
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c.
Upon request Grantee shall provide service credit to subscriber(s)
for outages exceeding twenty-four (24) consecutive hours.
[Ord. #89-07]
[Ord. #89-07]
A repeated and verifiable pattern of noncompliance with the consumer protection standards of subsections 6-9.1 and 6-9.2, after Grantee receipt of due notice and an opportunity to cure, may be termed a breach of the franchise, subject to any and all remedies as prescribed in Section 6-13 herein and applicable law.
[Ord. #89-07]
a.
Complaints to Grantee. Grantee shall establish written procedures
for receiving, acting upon and resolving subscriber complaints without
intervention by the Grantor. The written procedures shall prescribe
the manner in which a subscriber may submit a complaint either orally
or in writing that Grantee has violated any provision of this chapter,
or the terms and conditions of the subscriber's contract with Grantee.
At the conclusion of Grantee's investigation of a subscriber's complaint,
but in no event more than ten (10) days after receiving the complaint,
Grantee shall notify the subscriber and the Grantor in writing of
the results of the investigation and its proposed action or resolution,
if any. The Grantee shall also notify the subscriber of the subscriber's
right to file a complaint with the Grantor in the event the subscriber
is dissatisfied with the Grantee's decision. Grantee's procedures
shall be filed with the Grantor. No other proceedings to resolve subscriber
complaints shall be undertaken until the procedure established by
this section has been exhausted.
b.
Complaints to Grantor. A subscriber who is dissatisfied with Grantee's
proposed decision or who was not sent a written decision within the
ten (10) day period shall be entitled to have the complaint reviewed
by the Grantor. The subscriber shall initiate the review by filing
a written complaint together with the Grantee's written decision,
if any, with the Grantor and by the Grantor notifying the Grantee
of the filing. The subscriber shall make such filing and notification
within twenty (20) days of receipt of Grantee's decision or, if no
Grantee decision has been provided, within thirty (30) days after
filing the original complaint with Grantee. The Grantor may extend
these time limits for reasonable cause.
[Ord. #89-07]
The Grantor shall determine, solely upon a review of a subscriber
complaint and the Grantee's decision, if any, whether further action
is warranted. In the event the Grantor does not initiate further proceedings
within fifteen (15) days of the filing of the complaint, the Grantee's
proposed action or resolution shall be final. If the Grantor decides
to initiate further investigation, the Grantor shall require the Grantee
and the subscriber to submit, within ten (10) days of notice thereof,
a written statement of the facts and arguments in support of their
respective positions. The Grantee or the subscriber may request in
such statement that a hearing be conducted by the Grantor. A hearing
if requested shall be conducted by the Grantor following notice in
writing specifying the time and place for such hearing. The hearing
shall be conducted informally, and the parties may offer any evidence
pertinent to the dispute. The parties shall produce any additional
evidence, including testing reports from the Grantee, which the Grantor
may deem necessary to an understanding and determination of the dispute.
The Grantor shall issue a written decision within fifteen (15) days
of receipt of the written statements or, if a hearing is requested,
within fifteen (15) days of the conclusion of the hearing, setting
forth the basis of the decision. The decision may be appealed to the
City Council. The Council's decision shall be final, subject to the
Grantee's right to appeal to the courts.
[Ord. #89-07]
The Grantor may, as a part of a subscriber complaint decision
issued under the provisions of this chapter, impose damages on the
Grantee as specified in Section 6-13 herein, and in the Franchise
Agreement. Damages may be imposed only if the Grantor finds that the
Grantee has arbitrarily refused or failed without justification to
comply with the provisions of this section.
[Ord. #89-07]
a.
Operating Policies. Prior to connecting or reconnecting any subscriber
to the cable system, and at least once annually thereafter, the Grantee
shall provide each subscriber with written information disclosing
all rates and charges, all services provided, and 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 also furnish information
concerning the Grantor office responsible for administration of the
franchise with the name and telephone number of the office. The notice
shall also indicate Grantee's business hours, legal holidays and procedures
for responding to inquiries after normal business hours. Substantially
misleading or incorrect information provided to subscribers may be
considered a material breach of the franchise.
The Grantee shall provide all subscribers and the Grantor written
notice no less than thirty (30) days prior to any proposed change
in these policies.
b.
Rates and Services. The Grantee shall provide all subscribers and
the Grantor with at least thirty (30) days written notice prior to
the implementation of any change in rates or programming services,
and a minimum of at least once annually.
c.
Copies to Grantor. Copies of all notices provided to subscriber shall
be filed concurrently with the Grantor.
d.
Monthly Guide. At Grantor's request or at Grantee's initiation, a
survey of subscribers shall be undertaken to determine interest in
a monthly guide which lists all services offered by Grantee, such
guide to be offered to subscribers at a reasonable cost.
[Ord. #89-07]
The overall quality of service provided by Grantee to subscribers may be subject to evaluation by Grantor, not less often than once annually, in conjunction with the annual review set forth in subsection 6-5.7. In addition, Grantor may evaluate the quality of service at any time, based upon the number of subscriber complaints received by the Grantee and the Grantor, and Grantee's response to those complaints. Grantor's evaluation that service quality is inadequate may lead to direction to Grantee to cure the inadequacies. Grantee shall commence corrective action within thirty (30) days after receipt of written notice. Failure to do so shall be deemed to be a breach of the franchise and subject to the remedies prescribed in Section 6-13. Grantor, after due process, may utilize the performance bond and/or security fund of subsections 6-6.2 and 6-6.3, respectively, to remedy any such franchise breach. Grantee shall have the right to dispute the existence of any irregularities.
[Ord. #89-07]
It is Grantor's intent that tenants not be discriminated against
in the ability to subscribe to cable services. Grantee shall be required
to provide service to tenants in individual units of a multiple housing
facility with all services offered to other dwelling units within
the franchise area, so long as the owner of the facility consents
in writing, if requested by Grantee, to the following:
a.
To Grantee's providing the service to units of the facility;
b.
To reasonable conditions and time for installation, maintenance,
and inspection of the system on the facility premises;
c.
To reasonable conditions promulgated by Grantee to protect Grantee's
equipment and to encourage widespread use of the system; and
d.
To not discriminate in rental charges, or otherwise, between tenants
who receive cable service and those who do not.
[Ord. #89-07]
The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business
as shall be reasonably necessary to enable the Grantee to exercise
its rights and perform its obligations under the franchise, and to
assure an uninterrupted service to each and all of its customers.
Provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or applicable
State and Federal laws, rules and regulations.
[Ord. #89-07]
a.
Grantee shall not deny service, deny access, or otherwise discriminate
against subscribers, PEG access channel users, or general citizens
on the basis of income, race, color, religion, national origin, age
or sex. Grantee shall comply at all times with all other applicable
Federal, State and local laws and regulations, and all executive and
administrative orders relating to non-discrimination which are hereby
incorporated and made part of this ordinance by reference.
b.
Grantee shall strictly adhere to the equal employment opportunity
requirements of Federal, State and local law and regulations in effect
on the date of the franchise grant, and as amended from time to time.
c.
The Grantee's policy with regard to personally identifiable information
shall be consistent with Federal law.
d.
Fairness of Accessibility. The entire system of the Grantee shall
be operated in a manner consistent with the principle 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 system, and no one
shall be arbitrarily excluded from its use.
[Ord. #89-07]
a.
It shall be the right of all subscribers to continue receiving service
insofar as their financial and other obligations to the Grantee are
honored. In the event that the Grantee elects to overbuild, rebuild,
modify, or sell the system, or the Grantor give notice of intent to
terminate or fails to renew this franchise, the Grantee shall act
so as to ensure that all subscribers receive continuous, uninterrupted
service.
In the event of a change of Grantee, or in the event a new operator
acquires the system, the original Grantee shall cooperate with the
Grantor, new Grantee or operator in maintaining continuity of service
to all subscribers. During such period, Grantee shall be entitled
to the revenues for any period during which it operates the system,
and shall be entitled to reasonable costs for its services when it
no longer operates the system.
b.
In the event Grantee fails to operate the system for fourteen (14)
consecutive days without prior approval of the Grantor or without
just cause, the Grantor may, at its option, operate the system or
designate an operator until such time as Grantee restores service
under conditions acceptable to the Grantor or a permanent operator
is selected. If the Grantor is required to fulfill this obligation
for the Grantee, then during such period as the Grantor fulfills such
obligation, the Grantor shall be entitled to collect all revenues
from the system received for such period, and the Grantee shall reimburse
the Grantor for all reasonable costs or damages in excess of the revenues
collected by the Grantor that are the result of the Grantee's failure
to perform.
[Ord. #89-07]
Every employee of the Grantee or its contractors or subcontractors
shall be clearly identified on sight to the public as a representative
of the Grantee. Every vehicle of the Grantee or its contractors or
subcontractors shall be similarly identified.
