A.
Concurrently with the activation of the cable or open
video system in the Township, the grantee shall provide all services to subscribers
as described in the franchise agreement.
(1)
The system shall carry the broad categories of programming
and services listed in the franchise agreement. 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. Any such
change in programs or services offered shall comply with the conditions and
procedures contained in the franchise agreement, and shall be reported to
the Township at least 60 days prior to the proposed implementation. 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. The grantee shall endeavor to ensure diversity of programming
regarding the community's needs.
(2)
The grantee shall provide and maintain on such channels
as the franchise agreement may direct, at a minimum the following access services.
(a)
Government access channel, which shall be a specifically
designated channel for governmental use by the Township and shall be managed,
scheduled and programmed exclusively by the Township or shared with other
local governmental entities at the discretion of the Township.
(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 will be a specifically designated
channel available on a nondiscriminatory basis to residents of the Township.
(d)
No public, educational, or government access channel
may be assigned, transferred, or leased, in whole or in part without the consent
of the Township and the grantee.
(3)
The grantee of a cable system franchise 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)
The number of such channels shall be determined by the
provisions of the Cable Act or other applicable federal and state law.
(c)
The grantee shall not exercise any editorial control
over any programming provided over such channels, except that grantee may
consider such content to the minimum extent necessary to establish a fair
and reasonable price for the use of such channels.
(4)
The grantee shall fully provide the services facilities
and equipment for public, educational and government access as indicated in
the franchise agreement.
(5)
The grantee shall comply with all obscenity and indecency
regulations as adopted by the FCC.
B.
Emergency override. The grantee shall, without charge,
provide, service and maintain public emergency transmission facilities on
all channels to the Township, as described in the franchise agreement.
A.
Deposits. For any deposit required by grantee that earns
interest, such interest shall be returned to the subscriber at such time as
the deposit is returned.
B.
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.
C.
Reconnection. The grantee shall restore service to customers
wishing restoration of service provided customer shall first satisfy any previous
obligations owed.
D.
Free disconnection. Subscribers shall have the right
to have basic subscriber service disconnected without charge. A refund of
unused service charges shall be paid to the customer within 60 days from the
date of termination of service.
E.
Billing. The grantee shall not require subscribers to
pay for services more than one month in advance. All bills shall be itemized
by level of service.
F.
Delinquent accounts. The grantee shall use its best efforts
to collect on delinquent subscriber accounts. In all cases, the grantee shall
provide the customer with at least 10 working days' written notice prior to
disconnection.
G.
Prohibited activities. The 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 grantee, at customers request from examining or adjusting
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 Section 76.309, as amended, which
are hereby adopted by the Township. 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 Township.
B.
The grantee shall prepare and file with the Township
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 full records of service calls
in connection with the system. Such records shall identify the person contacting
the grantee, and the person responding on behalf of the grantee, the subject
matter of the contact, the date and time it was received, the resolution of
the matter in question or the action taken by the grantee in connection with
the contact, and the date and time thereof, and such other information as
may be deemed pertinent by the grantee. These records shall be made available
for periodic inspection by the Township.
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 subscriber
install equipment designed to enhance reception of programming with encoded
signals for the hearing impaired.
F.
Credit for service interruption. The grantee shall upon
request of subscriber, give a credit for 24 hours of free cable service for
every service outage lasting for more than four hours in any twenty-four-hour
period, or 1/30 of the monthly bill. For this purpose, a service outage
is defined as the loss of picture or sound on one or more channels.
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 Township gives notice of intent to terminate or
fails to renew its franchise, the grantee shall cooperate with the Township
or new grantee or operator in maintaining continuity of service to all subscribers
for a minimum of 90 days unless otherwise agreed to. 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 Township or without just cause, the Township may, at
its option, revoke the franchise, operate the system or designate an operator
until such time as the grantee restores service under conditions acceptable
to the Township or a new permanent operator is selected. If the Township is
required to fulfill this obligation for the grantee, the grantee shall reimburse
the Township for all reasonable costs or damages in excess of revenues from
the system received by the Township that are the result of the grantee's failure
to perform, and the grantee should be obligated to continue to provide head
end programming services until the Township is able to obtain equivalent head
end service from another source.
A.
Unless approved by the Township and to the extent consistent
with federal law, a franchisee must not, in its rates or charges, or in the
availability of the services or facilities of its system, or in any other
respect, grant undue preferences or advantages to any subscriber or potential
subscriber, or to any user or potential user, nor subject any of these persons
to any undue prejudice or any disadvantage. A franchisee must have a uniform
rate structure for its services throughout the franchise area. A franchisee
must not deny, delay, or otherwise burden service or discriminate against
subscribers or users on the basis of age, race, religion, color, sex, sexual
orientation, handicap, national origin, or marital status, except for discounts
for the elderly and handicapped.
B.
A franchisee must not deny cable service to any potential
subscriber because of the income of the residents of the area in which the
subscriber resides.
C.
Exclusive distribution.
(1)
(2)
The prohibition contained in Subsection C(1) may not be construed to apply to a provision in an agreement that provides for bona fide volume discounts that are either cost-based or which otherwise would be applied equally to both affiliated or unaffiliated customers of the programming service or broadcast station.
(3)
This subsection does not apply to any agreement between a franchisee and a programming service or broadcast station entered into before July 21, 1992. It does apply to any subsequent amendments that extend the term of the agreement. Any subsequent renewal of a franchise by the county after that date must be conditioned on compliance with Subsection C(1) with regard to all programming, including any agreement entered into on or before July 12, 1992.
