A. 
Concurrently with the activation of the cable communications 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:
[Amended 3-8-2006 by Ord. No. 298]
(a) 
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. Should the grantee wish to activate a government access channel, it shall within 120 days install at its own cost and expense a return line to make the channel operational. The Township shall have complete control over the content, scheduling and administration of the channel.
(b) 
An education channel, which shall be a specifically designed channel for use by local public and private school authorities and shall be managed, scheduled and programmed exclusively by them. Should the grantee wish to activate an educational channel it shall within 120 days install at its own cost and expense a return line to make the channel operational. The Township shall have complete control over the content, scheduling and administration of the channel.
(c) 
No government access or educational channel may be assigned, transferred or leased, in whole or in part.
(3) 
The grantee shall make available lease 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 lease 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 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 the 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 the 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 television 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 service 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. 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 customers' receiving set to determine whether reception difficulties originate in the set or in the grantee's system.
[Amended 3-8-2006 by Ord. No. 298]
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 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. In accordance with 47 CFR 76.309, the grantee shall be subject to the following customer service standards:
A. 
Cable system office hours and telephone availability.
(1) 
The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week.
(a) 
Trained company representatives will be available to respond to customer telephone inquiries during normal business hours.
(b) 
After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.
(2) 
Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90% of the time under normal operating conditions, measured on a quarterly basis.
(3) 
The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
(4) 
Under normal operating conditions, the customer will receive a busy signal less than 3% of the time.
(5) 
Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.
B. 
Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than 95% of the time measured on a quarterly basis:
(1) 
Standard installations will be performed within seven business days after an order has been placed. Standard installations are those that are located up to 125 feet from the existing distribution system.
(2) 
Excluding conditions beyond the control of the operator, the cable operator will begin working on service interruptions promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.
(3) 
The appointment window alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)
(4) 
An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
(5) 
If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
C. 
Communications between cable operators and cable subscribers:
(1) 
Refunds. Refund checks will be issued promptly, but no later than either:
(a) 
The customer's next billing cycle following resolution of the request or 30 days, whichever is earlier; or
(b) 
The return of the equipment supplied by the cable operator if service is terminated.
(2) 
Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.
D. 
Definitions:
(1) 
Normal business hours. The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.
(2) 
Normal operating conditions. The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
(3) 
Service interruption. The term "service interruption" means the loss of picture or sound on one or more cable 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. 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 that 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, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the Township or a 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 service until the Township is able to obtain equivalent head-end service from another source.