The city shall have the right to inspect at any time during normal business hours and upon reasonable prior notice to the grantee all maps, cable communications system construction plans, financial records limited to gross revenues, service complaint logs, and performance test results which relate to the operation of the franchise and are maintained at the grantee's office within the service area. If any of such records are not kept in the grantee's local office, or upon reasonable request made available to the city, and if the city shall determine that an examination of such records is necessary or appropriate to the performance of any of the city's duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the grantee.
(Prior code § 19-43; Ord. 619-88, 11-8-1988)
In any event the grantee shall at all times maintain:
(1) 
Subscriber Complaints. Grantee shall maintain a written record or the equivalent stored in computer memory and capable of being retrieved of complaints received and interruptions and/or degradation of service for a period of three years. In any event the grantee shall maintain such records or a reasonable summary thereof identifying the number and nature of complaints and their disposition for each month at issue, which shall be furnished to the city upon request of the city, allowing reasonable time to assemble and/or copy the same.
(2) 
System Maps. A full and complete set of plans, records, and as-built maps as of a reasonably current date accurately showing the location of the cable communications system equipment then installed or in use in the service area, exclusive of subscriber service drops. Such plans, records, and maps will be furnished to the city upon request of the city, allowing reasonable time to assemble and/or copy the same.
(Prior code § 19-44; Ord. 619-88, 11-8-1988)
(1) 
Consumer Service Standards. The grantee shall maintain 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 during normal business hours to assure on 20 consecutive business days average that a minimum of 90 percent of all callers for any service will not be required to wait more than three minutes before being connected to a service representative. Grantor may require that grantee acquire, install and maintain adequate monitoring equipment to assure performance hereunder. For purposes of the computation required in this section, the grantee shall be allowed to exclude any days on which material system outages occurred.
(b) 
Emergency toll-free telephone answering capacity on a 24-hour basis, including weekends and holidays. A tape recorded answering machine does not constitute an answering service. A bona fide answering (business) service is acceptable.
(c) 
An emergency system maintenance and repair staff, capable of responding to and commencing repairing of major system malfunction on a 24-hour basis.
(d) 
An installation staff, capable of installing service to any subscriber within 10 business days after receipt of a bona fide request, in all areas where trunk and feeder cable have been activated.
(e) 
Grantee shall schedule, within a specified time period (a.m. or p.m.) all appointments with subscribers for installation or service.
(2) 
Requests for Cable Service Repairs.
(a) 
The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible and practical, shall be preceded by notice and shall occur during period of minimum use of the system, preferably between midnight and 6:00 a.m. 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 repair as required. Such records shall be maintained for 36 months.
(b) 
The grantee shall maintain a repair force of technicians normally capable of responding to subscriber requests for service within the following time frames:
(i) 
System Outage. Within two hours, including weekends and holidays, of receiving subscriber calls which by number identify a system outage of sound or picture of six or more channels, affecting all the subscribers of the system or a considerable number thereof.
(ii) 
Isolated Outage. Within 24 hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for six or more channels.
(iii) 
Inferior Reception Quality. Within 48 hours, excluding weekends and holidays, of receiving a request for service identifying a problem concerning picture or sound quality.
(c) 
Grantee shall be deemed to have responded to a complaint or a request for service under the provisions of this section when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, response shall be deemed to have taken place if the technician leaves written notification of arrival.
No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be noncable system in origin, or subscriber caused.
(3) 
Verification of Standards. Upon reasonable notice, the grantee shall demonstrate compliance with any or all of the standards required in subsections (1) and (2) of this section. The grantee shall provide sufficient detail to permit the grantor to verify the extent of compliance no more than twice per year, however if any noncompliance is detected the grantor may in its sole discretion require such additional verification as it deems necessary and at grantee's expense for each time additional verification is needed.
(4) 
Noncompliance with Standards. A repeated and verifiable pattern of noncompliance with the consumer protection standards of subsections (1) and (2) of this section, 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 WMC § 5.15.240 and applicable law.
(5) 
Local Office. The grantee shall maintain an office in Glenn County which shall be open during business hours and have a publicly listed toll free telephone. The grantee may use an answering service to receive such complaints and requests during other than the grantee's usual business hours or on such days as the grantee is not open for business.
(6) 
Notice to Subscribers. The grantee shall furnish each subscriber, at the time service is installed, written information that clearly sets forth the name, address, and local telephone number of the grantee for purposes of inquiries or complaints concerning cable service.
(Prior code § 19-45; Ord. 619-88, 11-8-1988)
(1) 
Nondiscrimination. The 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, or sex. The grantee shall comply at all times with all other applicable federal, state, and city laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this chapter by reference.
(2) 
Equal Employment Opportunity. The grantee shall strictly adhere to the equal employment opportunity requirements of the FCC and state and local authorities, as amended from time to time.
(3) 
Monitoring. No signals of a cable communications channel shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one year, which shall be renewable at the option of the subscriber. No penalty shall be invoked for a subscriber's failure to provide or renew such an authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. Such authorization is required for each type or classification of cable television activity planned; provided, that the grantee shall be entitled to conduct system-wide or individually addressed sweeps for the purpose of verifying system integrity, controlling return path transmissions, or billing for pay services or for the purpose of detecting unauthorized connections to the cable communications system.
(4) 
Subscriber Information. The grantee's policy with respect to personally identifiable information shall be consistent with federal, state, and local laws, rules, and regulations with respect thereto.
(Prior code § 19-46; Ord. 619-88, 11-8-1988)
(1) 
Continuity Required. 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 cable communications system, or the city gives notice of intent to terminate or fails to renew the franchise, the grantee shall act so as to minimize the period of any interruption in service resulting therefrom. Such interruptions, insofar as possible, shall be preceded by notice to the affected subscribers and shall be limited to periods of minimum use of the service or services to be interrupted.
(2) 
Operation by Grantee after Termination. In the event of a change of grantee, or in the event a new operator acquires the cable communications system, the grantee shall cooperate with the city, 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.
(Prior code § 19-47; Ord. 619-88, 11-8-1988)
The grantee shall have the authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as the grantee shall consider reasonably necessary to enable the grantee to exercise its rights and perform its obligations under the franchise and to assure service to each and all of its subscribers; provided, that such rules, regulations, terms, and conditions shall not be in conflict with the provisions hereof or applicable federal and state laws, rules, and regulations. The grantee shall provide the city with copies of any such rules, regulations, terms, and conditions within 30 days after any change therein.
(Prior code § 19-48; Ord. 619-88, 11-8-1988)
The grantee shall be required to provide tenants in individually billed units of a multiple dwelling unit housing facility with all cable services offered to other dwelling units located within the service area, so long as the owner of the facility consents in writing, if requested by the grantee, to the following:
(1) 
To the grantee's providing of the service directly to individual units of the facility;
(2) 
To reasonable conditions and times for installation, maintenance, and inspection of the system on the facility premises;
(3) 
To reasonable conditions promulgated by the grantee to protect the grantee's equipment and to encourage widespread use of the system; and
(4) 
To not discriminate in retail charges or otherwise between tenants who receive cable service and those who do not.
(Prior code § 19-49; Ord. 619-88, 11-8-1988)