(a) 
Grantee shall maintain an office in the service area which shall be open not less than fifty hours per week with a minimum eight hour day on weekdays and four hour day on Saturdays. Grantee shall maintain a publicly listed toll-free telephone with sufficient communication lines and staff so as to receive requests for initiating cable service and requests for repairs, billing, or adjustments on a 24 hour a day basis.
(b) 
Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the system. 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 Section 6.108.16.070.
(c) 
Grantee shall maintain sufficient repair and maintenance crews capable of responding to subscriber complaints or requests for service within the following time periods after receipt or notification of the complaint or request, including weekends. No charge shall be made to the subscriber for this service unless the service request can be demonstrated to be both repeated and non-cable system in origin, or as a result of damage caused by subscriber.
(1) 
System Outage. Within two hours of receiving subscriber calls which by number identify a system outage of sound or picture of one or more channels, affecting all subscribers of the system or a considerable number thereof.
(2) 
Isolated Outage. Within 24 hours of receiving a request for service identifying an isolated outage of sound or picture for one or more channels.
(3) 
Inferior Reception Quality. Within 48 hours of receiving a request for service identifying a problem concerning picture or sound quality.
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 in the case of (1), (2), and (3) above, leaves written notification of such arrival after making reasonable efforts to notify the subscriber of the technician's presence.
Subscribers not satisfied that services have been provided as outlined in Chapter 6.108, Article 6 of the Santa Monica Municipal Code and the Franchise Agreement may notify the System Manager. Upon notification by subscriber, the Grantee shall work with the subscriber to cure the failure of service within 48 hours. If the failure is not cured within that time period, Grantee shall credit the subscriber's account on a pro rata basis for loss of service commencing from the time of notification by subscriber to Grantee.
Grantee shall at the time of initial subscription to the system, and annually thereafter, furnish a notice to subscribers of their right to a refund for any loss or interruption of service for 48 hours or more.
(Prior code § 63057; added by Ord. No. 1407CCS, adopted 4/28/87)
(a) 
Procedures. Grantee shall establish procedures for receiving, acting upon, and resolving subscriber complaints to the satisfaction of the City Manager. Such procedures shall include a method for resolving subscriber complaints without intervention by City and shall prescribe the manner in which a subscriber may submit in writing a complaint that Grantee has violated any provision of this Chapter, or the terms and conditions of the subscriber's contract with Grantee and the manner in which the Grantee will promptly resolve such complaint. Grantee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system, and annually thereafter.
(b) 
Complaints to Grantee. Any subscriber who cannot resolve a dispute with the Grantee may file a complaint with the Grantee on a form approved by the City Manager. Immediately upon receipt of a complaint from a subscriber, Grantee shall assign a case number to such complaint and send to the complaining subscriber written acknowledgment of receipt of the complaint as well as a description of the complaint resolution process.
(c) 
Grantee Investigation. Upon receipt of a Subscriber Statement of Complaint, Grantee shall conduct an investigation of the subscriber complaint. Grantee, within 10 days of receiving the complaint, shall notify the subscriber in writing of the results of the investigation, its proposed action or resolution, if any and the reason for its decision. Grantee shall also notify the subscriber of the subscriber's right to file a request for hearing with City in the event the subscriber is dissatisfied with Grantee's decision.
(Prior code § 63058; added by Ord. No. 1407CCS, adopted 4/28/87)
(a) 
A subscriber who is dissatisfied with Grantee's decision or who was not sent a written decision within the 10 day period can file a request for a hearing with the City Clerk within 10 days of receipt of Grantee's decision or if Grantee has failed to issue a decision as required in Section 6.108.16.020(b), within 30 days of filing of the subscriber's complaint.
(b) 
The City shall notify the Grantee of the request for a hearing and the Grantee shall immediately forward to the City copies of all materials, including the complaint, investigation reports, and decisions, related to the dispute. The City shall set the matter for hearing as provided in Section 6.108.16.040 unless it informally resolves the complaint to the subscriber's satisfaction within 10 days.
(Prior code § 63059; added by Ord. No. 1407CCS, adopted 4/28/87)
A hearing shall be conducted by a hearing officer appointed by City following notice in writing specifying the time and place for such hearing. The hearing shall be conducted in accordance with procedures established by the City pursuant to prior Municipal Code Sections 6126C—E and will be scheduled within 20 days of receipt of the request. The hearing shall be conducted informally, and the parties may offer any evidence relevant to the dispute, which the hearing officer may deem necessary to an understanding and determination of the dispute. The decision of the hearing officer shall be final and there shall be no right of appeal. Grantee shall defray the full cost of the hearing officer proceedings. In the event Grantee fails or refuses to advance fees or costs as required by the hearing officer, such fees or costs shall be obtained from the security fund. The procedures provided in this Section shall not limit any common law or statutory rights of subscribers.
(Prior code § 63060; added by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall provide written notice to each subscriber at least once every calendar year describing the procedure established by Grantee for resolving subscriber complaints and of the subscriber's right to have Grantee's response to a subscriber complaint reviewed by the City in accordance with the provisions of this ordinance. The notice shall include the name, business address, and business telephone numbers of Grantee's office and of City office designated to receive complaints. The form of the notice shall be subject to the approval of City.
(Prior code § 63061; added by Ord. No. 1407CCS, adopted 4/28/87)
A hearing officer may, as a part of a subscriber complaint decision issued under the provisions of this Chapter, impose a penalty on Grantee as specified in the franchise agreement. A penalty may be imposed only if the hearing officer finds that Grantee has arbitrarily refused or failed without justification to comply with the provisions of this Chapter, including, but not limited to, failing to provide a written response to a subscriber complaint.
(Prior code § 63062; added by Ord. No. 1407CCS, adopted 4/28/87)
An accurate and comprehensive file shall be kept by Grantee of any and all complaints regarding the cable system. All Service complaint records shall be retained on file for a period of three years. Complete records of Grantee's actions in response to all complaints shall be kept. These files and records shall include:
(a) 
A summary of complaints, identifying the number and nature of complaints, the date and time complaints were received, and their disposition, in a form approved by City. A copy of the summary shall be completed for each month and submitted to City by the tenth day of the succeeding month.
(b) 
A written or computer-stored log and summary of all service interruptions.
(c) 
A written or computer-stored log and summary of all requests for cable service and their disposition.
(d) 
The results of an annual opinion survey report which identifies satisfaction or dissatisfaction among subscribers with cable communications services offered by Grantee. A copy shall be submitted to City no later than two months after the end of Grantee's fiscal year. The survey required to make said report shall be in a format approved by City and may be in a form that can be transmitted to subscribers with one or more bills for service, such as postage-paid self-addressed postcards.
(Prior code § 63063; added by Ord. No. 1407CCS, adopted 4/28/87)
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) 
Grantee's providing of the service to units of the facility.
(b) 
Reasonable conditions and times for installation, maintenance, and inspection of the system on the facility premises.
(c) 
Payment to owner by Grantee of reasonable fees for access to property.
(d) 
Reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system.
(e) 
Absence of additional rental charges for tenants who receive cable service.
(Prior code § 63064; added by Ord. No. 1407CCS, adopted 4/28/87)
When there have been similar complaints made or when there exists other evidence which, in the judgment of the City Manager, casts doubt on the reliability or quality of cable service, the City Manager may require Grantee to test, analyze, and report on the performance of the system. Such report shall be delivered to the City Manager no later than 14 days after the City Manager notifies Grantee of the required report and shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested, the equipment used, and procedures employed in said testing; the results of such test; and the method in which said complaints were resolved. If requested, the City Manager may allow Grantee additional time to complete the report for good cause.
The City Manager may require that tests and analyses shall be supervised by a professional engineer not on the permanent staff of Grantee. After the engineer has signed all records of the special tests they shall be forwarded to the City Manager with a report interpreting the results of the tests and recommending actions to be taken by Grantee and City.
The City Manager may require tests, analyses, and reports covering specific subjects and characteristics based on complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence requires the tests be performed to protect the public against substandard cable service. Grantee shall be responsible for the costs of any and all tests, analyses, and reports required under this Section.
(Prior code § 63065; added by Ord. No. 1407CCS, adopted 4/28/87)
(a) 
Each Grantee shall strictly observe and protect the rights of privacy and of property of subscribers and users at all times. Information on individual subscribers, individual subscriber preferences of any kind including, but not limited to, viewing habits, political, social, or economic philosophies, beliefs, creeds, religions, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or names, addresses, or telephone numbers, or any other personal or private information, shall not be maintained or revealed to any person, mailing service, investigating agency or department, company, other agency, or entity unless upon the authority of a court of law or upon prior written permission of the subscriber. The request for permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. Such authorization shall not in any event be required as a condition of receiving service.
(b) 
Grantee may release the number of its subscribers but only as a total number and as a percentage of the potential subscribers throughout the City. When indicating the number of subscribers viewing a particular channel at a particular time, Grantee shall indicate only the total number of subscribers viewing during the relevant time and the percentage of all subscribers which they represent, but never the identity of a particular subscriber. Grantee shall provide such information to City upon request.
(c) 
At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of:
(1) 
The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information.
(2) 
The period during which such information will be maintained by the cable operator.
(3) 
The times and place at which the subscriber may have access to such information in accordance with subsection (f).
(4) 
The limitations provided by this Section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under state and federal law to enforce such limitations.
In the case of subscribers who have entered into such an agreement before the effective date of this Section, such notice shall be provided within 180 days of such date and at least once a year thereafter.
(d) 
Information collected on individual subscribers shall be limited to information that is relevant and necessary to provision of the services requested by subscribers.
(e) 
Grantee shall be responsible for the accuracy, relevance, and completeness of any information collected, maintained, and revealed about individual subscribers.
(f) 
A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in such information.
(g) 
Grantee may maintain such information as is necessary to bill subscribers for the purchase of any system service. Grantee may contract for billing services, with the written consent of the City provided that such contractor agrees to be bound by the provisions of this Section and the penalties thereto pertaining.
(h) 
Neither Grantee nor any other person shall initiate in any form, the discovery of any information on or about a subscriber's premises without prior valid authorization from the subscriber potentially affected.
(i) 
A subscriber may at any time revoke any authorization previously made, by delivering to Grantee in writing by mail or otherwise, his/her decision to so revoke. Any such revocation shall be effective upon receipt by franchisee.
(j) 
No monitoring of any subscriber terminal shall take place without specific prior valid written authorization by the user of the terminal in question; provided, however, that Grantee may conduct systemwide or individually addressed "sweeps" for the sole purpose of verifying system integrity. Grantee shall not initiate a subscriber response mechanism without a finding by the City Manager that the response mechanism can operate effectively and yet give absolute protection against any invasion of privacy.
(k) 
Grantee shall not tabulate any test results, nor permit the use of the system for such tabulation, which would reveal the commercial product preferences or opinions of individual subscribers, members of their families or their invitees, licensees, or employees without prior valid written authorization of the subscriber.
(l) 
Each compilation, publication, tabulation, or other dissemination of each piece of information made or permitted to be made in violation of this Section shall be considered a separate violation.
(Prior code § 63066; added by Ord. No. 1407CCS, adopted 4/28/87)