[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]
Upon reasonable notice, the Grantee shall demonstrate compliance with any or all of the standards required in subsections
6-9.1 and
6-9.2 above. The Grantee shall provide sufficient detail by written record or computer memory equivalent to permit the Grantor to verify the extent of compliance.
[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]
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]
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]
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.