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 this article, and to assume an uninterrupted service to each and all of its subscribers. 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 or regulations.
(1991 Code, sec. 7-211)
The grantee shall maintain an office within the franchise area. The grantor shall have the right to inspect, at any time during normal business hours, all books, annual reports, logs, records, maps, plans, service complaint logs, performance test results and other like materials of the grantee which relate to the aspects of the system within the grantor’s jurisdiction.
(1991 Code, sec. 7-212)
(a) 
The grantee shall file with the city, upon the city’s request:
(1) 
FCC report.
An “Annual Report of Cable Television Systems” (FCC form 325, schedules 1 and 2).
(2) 
Facilities report.
An annual total facilities report setting forth the physical miles of plant construction, rebuilt or in operation during the fiscal year. Such report shall also contain any revisions to the system “as built” maps filed with the city.
(3) 
Grantee rules.
The grantee’s schedule of basic television subscriber service charges, contract or application forms for basic subscriber, service policy regarding the processing of subscriber complaints, delinquent basic subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the grantee’s policy in connection with its subscribers shall be filed with the city.
(b) 
The following financial and operational reports shall be submitted on an annual basis:
(1) 
The performance bond or a certified copy thereof and written evidence of payment of required premium.
(2) 
The letter of credit or a certified copy thereof.
(3) 
Certificates of insurance for policies herein.
(4) 
An ownership report, indicating all persons, who at any time during the preceding year did directly control or benefit from an interest in the franchise of five (5) percent or more of the grantee.
(5) 
An annual revenue report, certified as correct by the grantee’s chief financial officer.
(6) 
An annual summary of the previous year’s activities including but not limited to subscriber totals and new services.
(7) 
An annual summary of complaints received.
(8) 
An annual projection of plans for the future.
(9) 
An annual report.
(10) 
A current annual statement of cost of construction by component category.
(c) 
The grantee shall prepare and furnish to the city at the times and in the form prescribed, such additional reports with respect to its operation, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the city in connection with this article or the franchise agreement.
(d) 
Upon completion of the rebuild and every three (3) years thereafter, or at the time of filing a request for rate increase, the city may request a financial audit of the system to be performed by a local certified public accountant of the city’s choice. The cost of such audit shall be borne by the grantee.
(1991 Code, sec. 7-213)
(a) 
Mandatory records.
The grantee shall at all times maintain:
(1) 
A record of all complaints received and interruptions or degradation of service experience for the preceding period prior to a performance review.
(2) 
A full and complete set of plans, records and “as built” maps showing the exact location of all cable television system equipment installed or in use in the city, exclusive of subscriber service drops.
(b) 
Other records.
The city may impose reasonable requests for additional information, records and documents from time to time.
(1991 Code, sec. 7-214)
Whenever the grantee files a pleading in a rulemaking proceeding before the Federal Communications Commission which deals directly with an issue affecting the city’s jurisdiction over the grantee, it will mail a copy of the pleading to the city attorney. All petitions and applications submitted by the grantee to any state regulatory commission or agency dealing with any matter affecting operations of the grantee’s system shall be submitted to the city attorney. Upon request, the grantee shall furnish the city attorney a copy of any other petition or application publicly filed before any federal or state agency dealing with any matter directly affecting the operation of the grantee’s system.
(1991 Code, sec. 7-215)
The grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this article and other pertinent provisions of law as relate to the installation and construction of the system.
(1991 Code, sec. 7-216)
At all reasonable times, grantee shall permit examination by any duly authorized representatives of the city of the system facilities, headend and all records regarding the cable television system situated within the city. Grantee shall also permit any duly authorized representative of the city to examine and transcribe any and all maps and other records kept or maintained by grantee or under its control concerning the operations, affairs, transactions or property of grantee relating to the cable system. If any of such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the city shall determine that an examination of such maps or records is necessary or appropriate to the performance of any of their duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by grantee.
(1991 Code, sec. 7-217)
(a) 
The grantee shall establish, operate and maintain in the city a business office for the purpose of receiving inquiries, requests and complaints concerning all aspects of the establishment, construction, maintenance, and operation of the system and for the payment of subscribers’ service charges.
(b) 
The grantee shall have a listed, locally manned telephone number for service calls and such telephone service shall be available twenty-four (24) hours a day, seven (7) days a week. Such number shall be made available to subscribers and the general public. The grantee shall provide an unlisted locally manned telephone number to the city and utility companies to enable the city or utility companies to reach the grantee in case of emergency on a twenty-four-hour, seven-days-a-week basis.
(c) 
The grantee shall respond to and resolve subscribers’ complaints or requests for service in connection with repairs and maintenance and malfunctions of the system facilities. The grantee shall respond as quickly as possible to such complaints and requests, but shall in any case respond within twenty-four (24) hours during the regular workweek and in no case later than the next business day following a weekend or holiday. Complaints or requests which may pose a potential health and safety hazard will be responded to immediately. In connection with billing complaints, the grantee shall respond within seven (7) business days.
(d) 
The grantee shall prepare and file with the city copies 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, and furnish information concerning the city office responsible for the administration of the franchise, including but not limited to the address and telephone number of such office.
(e) 
When there have been similar complaints made, or where there exists other evidence, which, in the judgment of the city casts doubt on the reliability or quality of the cable system, the city shall have the right and authority to require the grantee test, analyze, and report on the performance of the system. Grantee shall fully cooperate with the city in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice. Such report shall include the following information:
(1) 
The nature of the complaint or problem which precipitated the special tests.
(2) 
What system components were tested.
(3) 
The method, if any, in which such complaint or problem was resolved.
(4) 
Any other information pertinent to such test and analysis which may be required.
Where there are recurring service problems, the city may require that tests be supervised by an independent professional engineer not on the permanent staff of the grantee. The engineer shall sign all records of special tests and forward to the city such records with a report interpreting the results of the tests and recommending actions to be taken.
(f) 
The grantee shall keep full records in connection with all complaints in connection with the system. These records shall be in a form mutually agreeable to the city and grantee and shall be made available for periodic inspection by the city.
(g) 
The grantee shall service or replace all equipment provided by it without charge to the subscriber; provided, however, that the grantee may charge a subscriber for service to or replacement of any equipment damaged due to negligence of such subscriber.
(h) 
The city may review and monitor unresolved subscriber complaints within the city’s jurisdiction.
(1991 Code, sec. 7-218)
The grantee shall not, as a condition to providing cable television service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals.
(1991 Code, sec. 7-219)
(a) 
Nondiscrimination required.
Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, age, sex, or physical or mental handicaps, provided the subscriber shall pay all applicable fees for the service desired. 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 nondiscrimination which are hereby incorporated and made part of this article by reference.
(b) 
Fairness of accessibility.
The entire system of the grantee shall be operated in a manner consistent with the principles 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 channels; and no one shall be arbitrarily excluded from its use. Allocation of use of such facilities shall be made according to the rules or decisions of the grantee and any regulatory agencies affecting the same.
(c) 
Information accessibility.
Each individual shall have the right to information concerning the provisions of this article and the rules and regulations formulated pursuant to it by the council. The city shall publish the location and hours of meetings pertaining to this article. Such notice shall be published in the newspaper of the greatest circulation within the city and in such other media as the city council may determine.
(1) 
Each subscriber to the cable television system and access channel user shall be provided with a memorandum setting forth all rules and regulations specifically outlining the individual rights pertinent to such use. All rights specifically provided in this section shall be noted.
(2) 
Each individual shall have the right to representation on such boards, commissions, agencies or other entities created hereunder or hereafter by the city council pursuant to the provisions of this article. Such representation by citizens of the city shall be in the manner and form as the city council may determine, ensuring equal participation of all protected groups. Grantee shall strictly adhere to the equal employment opportunity requirements of federal, state and local regulations, as may be applicable, and as amended from time to time.
(1991 Code, sec. 7-220)
(a) 
Monitoring.
Except as provided herein, grantee shall not permit the transmission of any signal, aural, visual or digital, including “polling” or monitoring the channel selection, from any subscriber’s premises without first obtaining written permission of the subscriber. This provision is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance. A grantee shall not permit the installation of any special terminal equipment in any subscriber’s premises that will permit transmission from subscriber’s premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber. No grantee shall predicate regular subscriber service on the subscriber’s grant of such permission. Without written authorization from the subscriber, neither the grantee nor any other person shall activate, use, operate or monitor, except for testing purposes, any channel from a subscriber’s location. A subscriber may revoke any authorization previously given by delivering to the grantee a written statement of that intent. Except as authorized by the prior written consent of the subscriber, the grantee shall not tabulate, nor permit others to tabulate, for any purpose, any subscriber use of the cable system which would reveal the opinions or commercial product preferences of individual subscribers, whether residential or business or of any occupant or user of the subscriber’s premises. Tabulations of aggregate opinion or preference are permitted, provided the aggregations are sufficiently large to assure individual privacy.
(b) 
Disclosure of subscriber information.
Any information gathered through the system concerning individual subscriber viewing habits or responses, except for information for billing purposes, shall be destroyed within sixty (60) days. The grantee, or any of its agents or employees shall not, without the specific written authorization of the subscriber involved, sell or otherwise make available to any party:
(1) 
Lists of the names and addresses of subscribers to individual pay services or specific service tiers.
(2) 
Any list which identifies the viewing habits of individual subscribers.
(3) 
Personal data, social security number, income and other data the grantee may have on file about a subscriber.
(1991 Code, sec. 7-221)
(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 city gives notice of intent to terminate or fails to renew its franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances for a period of three (3) months following actual termination or sale.
(b) 
In the event of a change of grantee, or in the event a new operator acquires the system, the grantee shall cooperate with the city and 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.
(c) 
In the event the grantee fails to operate the system for seven (7) consecutive days without prior approval of the city or without just cause, the city may, at its option, operate the system or designate an operator until such time as grantee restores service under conditions acceptable to the city or a permanent operator is selected. If the city is required to fulfill this obligation for the grantee, the grantee shall reimburse the city for all reasonable costs or damages in excess of revenues from the system received by the city that are the result of the grantee’s failure to perform.
(1991 Code, sec. 7-222)