A grantee may intentionally interrupt service on the cable system only
for good cause and for the shortest time possible and, except in emergency
situations, only after a minimum of 48 hours' prior notice to subscribers
and the Town of the anticipated service interruption; provided, however, that
planned maintenance that does not require more than two hours' interruption
of service and that occurs between the hours of 12:00 a.m. and 6:00 a.m. shall
not require such notice to subscribers, and notice to the Town may be given
no less than 24 hours prior to the anticipated service interruption.
In addition to rights reserved by the Town, subscribers shall have rights
with respect to alterations in service. The grantee may not alter the service
being provided to a class of subscribers (including by retiering, restructuring
or otherwise) without the express permission of each subscriber, unless it
complies with this section. At the time the grantee alters the service it
provides to a class of subscribers, it must provide each subscriber 30 days'
notice, explain the substance and full effect of the alteration, and provide
the subscriber the right within the thirty-day period following notice to
opt to receive any combination of services offered by the grantee. Except
as federal law otherwise provides, subscribers may not be required to pay
any charge (other than the properly noticed rates), including an upgrade or
downgrade charge, in order to receive the services selected. No charge may
be made for any service or product for which there is a separate charge that
a subscriber has not affirmatively indicated it wishes to receive. Payment
of the regular monthly bill does not in and of itself constitute such an affirmative
indication.
A grantee may require a reasonable, nondiscriminatory deposit on equipment
provided to subscribers. Deposits shall be placed in an interest-bearing account,
and the grantee shall return the deposit, plus interest earned to the date
repayment is made to the subscriber. Interest will be calculated at the prevailing
commercial savings rate on all late payments.
A grantee shall maintain a record of subscriber complaints in accordance
with 30-A M.R.S.A. § 3010(4).
A. Every franchisee shall keep a record or log of all written
complaints received regarding quality of service, equipment malfunctions,
billing procedure, employee attitude and similar matters. These records shall
be maintained for a period of two years.
B. The record shall contain the following information for
each complaint received:
(1) Date, time and nature of the complaint;
(2) Name, address and telephone number of the person complaining;
(3) Investigation of the complaint;
(4) Manner and time of resolution of the complaint; and
(5) If the complaint regards equipment malfunction or the
quality of reception, a report indicating corrective steps taken, with the
nature of the problem stated.
C. Consistent with subscriber privacy provisions contained
in the Cable Act and applicable FCC regulations, every grantee shall make
the logs or records of complaints available to any authorized agent of any
franchising authority having a franchise with that grantee or any authorized
agent of a municipality considering a franchise with that grantee upon request
during normal business hours for on-site review.
In addition to the remedies set forth elsewhere in this chapter and
in the franchise agreement, subscribers shall have available the remedies
provided by 30-A M.R.S.A. § 3010(7).