(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.
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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.
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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.
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(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.
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(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)