A. 
Concurrently with the initial activation of the cable communications system in the Borough, the grantee shall provide all services to subscribers as described in the franchise agreement.
(1) 
The system shall carry the broad categories of programming, pursuant to the Cable Act [47 U.S.C. § 544(b)]. Should the grantee desire to change the selection of programs or services offered, it shall maintain the mix, quality and level of services provided over the system. The grantee shall notify all subscribers, in writing, at least 30 days prior to implementing any change in the selection of programs or services offered on any tiers, or prior to adding or deleting any channels or changing the channel number for any station [47 CFR 76.309(c)(3)(i)(B)[1]]. The grantee shall endeavor to ensure diversity of programming regarding the community's needs.
[1]
Editor's Note: See now 47 CFR 76.1603(c).
(2) 
The grantee upon request shall provide and maintain, on such channels as the franchise agreement may direct, the following access services:
(a) 
"Government access channel," which shall be a specifically designated channel for governmental use by the Borough and shall be managed, scheduled and programmed exclusively by the Borough or shared with other local governmental entities at the discretion of the Borough.
(b) 
"Educational channel," which shall be a specifically designated channel for use by local, public and private school authorities, and shall be managed, scheduled and programmed exclusively by them.
(c) 
"Public access channel," which shall be a specifically designated channel available on a nondiscriminatory basis to residents of the Borough.
(d) 
No public, education, or government (PEG) access channel may be assigned, transferred, or leased, in whole or in part.
(3) 
The grantee shall make available leased access channels to assure that the widest possible diversity of information sources are made available to subscribers.
(a) 
Such channels shall be specially designated for leased access use by persons unaffiliated with the grantee, at rates which are in accordance with the Cable Act.
(b) 
Additional access channels will be made available when all existing PEG channels simultaneously carry nonduplicated, locally produced access programming, none which is character-generated, continuously during the hours, of 5:00 p.m. to 11:00 p.m. for a period of 90 consecutive days.
(c) 
Upon being requested, the grantee shall retransmit such access channel programming, at the costs and expense of the parties desiring to produce and develop such programming. The grantee shall not exercise any editorial control over any programming provided over such channels, except that the grantee may consider such content to the minimum extent necessary to establish a fair and reasonable price for the use of such channels.
(d) 
For public, educational and government access, the grantee shall not be required to maintain technical or production staff, equipment or studio facilities for such programming which is independently owned and operated and shall have no obligation to establish studio facilities, maintain equipment or provide technical or production staff assistance, as long as the grantee continues to retransmit such access programming. The grantee shall enforce all indecency and obscenity rules established by any federal or state agency, including, but not limited to, rules related to access as set forth at 47 CFR 76.702.
(4) 
The grantee may provide the equipment for public, educational and government access as negotiated in the franchise agreement.
B. 
Emergency override. The grantee shall, without charge, provide, service and maintain public emergency transmission facilities on all channels to the Borough, as provided in the Cable Act [47 U.S.C. § 544(g)] and FCC regulations [47 CFR 11.1 et seq.].
A. 
Parental control devices. The grantee shall provide to subscribers, as part of its literature, information concerning the availability of a parental control device for use by a subscriber. The parental control device described shall be made available to all subscribers upon request.
B. 
Reconnection. The grantee shall restore service to a customer wishing restoration of service, provided the customer shall first satisfy any previous obligations owed.
C. 
Free disconnection. Subscribers shall have the right to have basic subscriber television service disconnected without charge. A refund of unused service changes shall be paid to the customer within 60 days form the date of termination of service.
D. 
Billing. The grantee shall not require subscribers to pay for services more than one month in advance. However, it is recognized that the grantee can require subscribers to pay for each month of service in advance at the beginning of each month and has the right to set fees and time periods for late payments as it deems reasonable. All bills shall be itemized by level of service.
E. 
Delinquent accounts. The grantee shall use its best efforts to collect on delinquent subscriber accounts. Nothing contained in this franchise shall be deemed to restrict or prohibit the grantee from pursuing such legal remedies to collect past-due debts owned to it by subscribers, including the reasonable costs and expenses incurred in pursuing such remedies, including, but not limited to, collection fees, attorneys' fees and trip charges.
F. 
Prohibited activities. In the conduct of its business franchised hereunder, neither the grantee nor its officers, employees, or agents shall directly or indirectly sell, lease, repair, install, or maintain television sets or receivers or antennas; provided, however, that nothing hereunder shall prohibit the grantee, at a customer's request, from examining or adjusting the customer's receiving set to determine whether reception difficulties originate in the set or in the grantee's system.
A. 
The grantee shall adopt and abide by any and all customer service standards for cable operators issued by the FCC, including, but not limited to, the standards appearing at 47 CFR 76.309, as amended, which are hereby adopted by the Borough. The standards issued by the FCC are the minimum standards for customer service under this chapter, and additional standards may be set forth in the franchise agreement or otherwise adopted by the Borough.
B. 
The grantee shall prepare and file with the Borough copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The grantee shall, by appropriate means, such as a card or brochure, furnish information concerning 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.
C. 
The grantee shall keep records of service trouble calls in connection with the system. Such records shall identify the subject matter of the contact, the time period it was received, the resolution of the matter in question or the action taken by the grantee in connection with the contact, and the time period thereof. These records shall be retained for 12 months after the year they were generated and made available for periodic inspection by the Borough.
D. 
The grantee shall repair or replace without charge all defective equipment provided by it to the subscriber; provided, however, that the grantee may charge a subscriber for service to or replacement of any equipment rendered inoperable or damaged due to negligence of such subscriber.
E. 
Hearing impaired. The grantee shall, upon request of a subscriber, install equipment designed to enhance reception of programming with encoded signals for the hearing impaired.
F. 
Credit for service interruption. Upon a subscriber's written request, the grantee shall issue a prorated credit for any period of cable service interruption of six or more continuous hours, provided that such outage was within the grantee's reasonable control. Credit shall be based upon number of channels and number of hours of interruption.
A. 
It shall be the right of all subscribers to receive continuous, uninterrupted service insofar as their financial and other obligations to the grantee are honored.
B. 
In the event that a grantee elects to rebuild, modify or sell its system, or the Borough gives notice of intent to terminate or fails to renew its franchise, the grantee shall cooperate with the Borough or new grantee or operator in maintaining continuity of service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the system.
C. 
Abandonment of system. In the event the grantee willfully fails to operate the system for a continuous twenty-four-hour period without prior approval of the Borough or without just cause, the Borough may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the Borough or a permanent operator is selected. If the Borough is required to fulfill this obligation for the grantee, the grantee shall reimburse the Borough for all reasonable costs or damages in excess of revenues from the system received by the Borough that are the result of the grantee's failure to perform, and the grantee should be obligated to continue to provide headend programming services until the Borough is able to obtain equivalent headend service from another source.