A.
Concurrently with the activation of the cable communications
system in the town, the grantee shall provide all services to subscribers
as described herein and in the franchise at rates detailed in the
rate schedule.
(1)
The system shall carry the broad categories of programming
and services listed in the franchise. Should the grantee desire to
change the selection of programs or services offered on any of the
tiers, 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
and shall be reported to the town at least 30 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 use its best efforts to ensure diversity of programming.
(2)
A basic service tier shall be offered to subscribers
throughout the term of this chapter and the franchise.
(3)
The grantee shall provide and maintain, at a minimum,
the following access channels whose purposes are outlined below:
(a)
Government access channel, which shall be a
specifically designated channel for local governmental use and shall
be managed, scheduled and programmed exclusively by the town.
(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)
A public access channel, which will be a specifically
designated channel available on a nondiscriminatory basis.
(4)
Pursuant to Section 612 of the Cable Act, the grantee
shall make channel capacity available as required by federal law for
commercial use by any person, group, organization or entity unaffiliated
with the franchise upon reaching an appropriate agreement. Rates for
commercial use shall comply with applicable federal law and regulations.
(5)
The grantee shall produce and carry on a designated
channel, on a daily basis, an alphanumeric program guide describing,
at a minimum, the programs offered on the access channels described
above.
(6)
The grantee shall fully provide, at a minimum, services,
facilities and equipment for public, educational and government access
as indicated in the franchise.
B.
Emergency override. The grantee shall, without charge,
provide, service and maintain public emergency transmission facilities
to the town, as described in the franchise.
A.
Standard installations. Standard installation shall
consist of a service not exceeding 150 feet from a single point or
pedestal attachment to the customer's residence. Service in excess
of 150 feet and concealed wiring shall be charged not to exceed additional
installation costs before installation begins. The desire of the subscriber
as to the point of entry into the residence shall be observed whenever
possible. Runs in building interiors shall be as unobtrusive as possible.
The grantee shall use due care in the process of installation and
shall repair any damage to the subscriber's property caused by
said installation. Such restoration shall be undertaken within no
more than 10 days after the damage is incurred and shall be completed
as soon as possible thereafter.
B.
Deposits. Any deposit required by the grantee shall
bear interest at a rate of not less than 8% or such lower amount as
established by state law or regulation.
C.
Antennas and antenna switches. The grantee shall not,
as a condition to providing cable communications service, require
any subscriber or potential subscriber to remove any existing antenna
structures for the receipt of over-the-air television signals. The
grantee shall install, upon the request of the subscriber, an RF or
antenna switch where required for the provision of services provided
by the grantee.
D.
Lockout devices. The grantee shall provide to the
potential subscriber, as part of its promotional literature, information
concerning the availability of a lockout device for use by a subscriber.
The grantee reserves the right to require a reasonable deposit for
the use of this device, as set forth in the rate schedule. The lockout
device described herein shall be made available to all subscribers
requesting it beginning on the first day that any cable service is
provided.
E.
Reconnection. The grantee shall restore service to
customers wishing restoration of service, provided that the customer
shall first satisfy any previous obligations owed. The grantee may
require a deposit or refuse service to any applicant for bona fide
credit reasons which relate to the applicant's overdue or delinquent
account with the grantee and may levy reasonable collection charges
on overdue or delinquent accounts.
F.
Free disconnection. Subscribers shall have the right
to have cable service disconnected without charge. Such disconnection
shall be made as soon as practicable and in no case later than 15
days following notice to the grantee of the same. A refund of unused
service charges shall be paid to the customer within 30 days from
the date of termination of service.
G.
Delinquent accounts. The grantee shall use its best
efforts to collect on delinquent subscriber accounts. Service will
not be disconnected if a delinquent customer agrees at any time to
be placed on a regular payment plan to clear the account. In all cases,
the grantee shall provide the customer with at least 10 working days'
written notice prior to disconnection.
A.
The company shall establish, operate and maintain
a business office and maintenance and repair facility for the purpose
of receiving inquiries, requests and complaints concerning all aspects
of the construction, installation, operation and maintenance of the
system and for the payment of subscribers' service charges and
providing facilities for the production of programming.
B.
The grantee shall have a listed, locally-staffed telephone
number for subscriber service calls, and such telephone service shall
be available 24 hours a day, seven days a week. The grantee shall
provide a sufficient number of telephone lines and telephone staff
members to enable subscribers to reach the grantee without unreasonable
delay. The grantee's number shall be published and made available
to subscribers and the general public. The grantee shall, in addition,
provide an unlisted, locally-staffed telephone number to the town
and utility companies to enable the town or the utility companies
to reach the grantee in case of emergency on a twenty-four-hour, seven-days-a-week
basis.
C.
The grantee shall respond to and resolve subscribers'
complaints or requests for service in connection with repairs and
maintenance and malfunctions of system facilities. The grantee shall
respond as quickly as possible to such complaints and requests but
shall in any case respond within 24 hours. Complaints or requests
which may pose a potential health and safety hazard will be responded
to immediately. In connection with billing complaints, the grantee
shall respond within seven business days.
D.
The grantee shall prepare and file with the town 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, and
furnish information concerning the town office responsible for the
administration of the franchise, including but not limited to the
address and telephone number of said office.
E.
The grantee shall keep full records in connection
with all inquiries, complaints and requests in connection with the
system which require corrective action or referral to a supervisor
and any written complaint. 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 town.
F.
The grantee shall service or replace without charge
all equipment provided by it to the subscriber; provided, however,
that the grantee may charge a subscriber for service to or replacement
of any equipment damaged due to negligence of such subscriber.
G.
For recurrent complaints regarding service deficiencies
(other than total or partial loss of service, such as ghosting, weak
audio signal, distortion and the like), the Town Supervisor may require
the grantee to investigate and report to him/her the causes and cures
thereof, and the Town Supervisor may also conduct his/her own investigation.
Thereafter, the Town Supervisor may order specified remedial action
to be taken within reasonably feasible time limits. If such action
is not taken or is ineffective or if within 30 days the grantee files
with the Cable Television Advisory Committee a notice of objection
to the order, the Cable Television Advisory Committee may conduct
a hearing and may, if the evidence warrants a finding of fault on
the part of the grantee, take appropriate action pursuant to the terms
of this chapter.
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 the grantee elects to rebuild, modify
or sell the system or the town gives notice of intent to terminate
or fails to renew its franchise, the grantee shall cooperate with
the town 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
and shall be entitled to reasonable costs for the services when it
no longer operates the system.
C.
Failure to provide continuity. In the event that the
grantee fails to operate the system for seven consecutive days without
prior approval of the town or without just cause, the town may, at
its option, operate the system or designate an operator until such
time as the grantee restores service under conditions acceptable to
the town or a permanent operator is selected. If the town is required
to fulfill this obligation for the grantee, the grantee shall reimburse
the town for all reasonable costs or damages in excess of revenues
from the system received by the town that are the result of the grantee's
failure to perform.
A.
Protection of subscriber privacy mandatory. The grantee
shall at all times protect the privacy of subscribers, as provided
in this chapter and other applicable federal, state and local laws.
B.
Notice of privacy provisions. 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, the grantee shall
provide notice in the form of a separate written statement to subscriber
which clearly and conspicuously informs the subscriber of:
(1)
The privacy rights of the subscriber and the limitations placed upon the grantee with regard to Article VI hereof and all other applicable federal, state and local subscriber privacy provisions.
(2)
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.
(3)
The nature, frequency and purpose of any disclosure
which may be made of such information, including an identification
of the types of persons to whom the disclosure may be made.
(4)
The period during which such information might be
maintained by the cable operator.
(5)
The times and place at which the subscriber may have
access to such information in accordance with this chapter and other
applicable federal, state and local law.
C.
Collection of personally identifiable information
prohibited. The grantee shall not use or permit the use of the cable
system to collect personally identifiable information concerning any
subscriber, except as necessary to render a cable service or other
service provided by the cable operator to the subscriber. The grantee
shall not install or permit the installation of any special terminal
equipment in any subscriber's premises for the two-way transmission
of any aural, visual or digital signals without the prior written
consent of the subscriber. The grantee shall not tabulate nor permit
others to tabulate any subscriber use of the cable system which would
reveal the opinions or commercial product preferences of individual
subscribers, whether residential or business or of any occupant or
user of the subscriber's premises without written authorization
from the subscriber for his or her participation in a shop-at-home
or similar service. When providing such service, the grantee may tabulate
only those responses essential to the functioning of that shopping
or other service and may not use any such tabulation of individual
preferences for any other purposes. Tabulations of aggregate opinion
or preference are permitted, provided that the aggregations are sufficiently
large to assure individual privacy.
D.
Personally identifiable information will not be disclosed
without conforming to Section 631 of the Cable Act.
E.
The grantee shall not predicate regular subscriber
service on the subscriber's grant or denial of permission to
collect, maintain or disclose personally identifiable information.
A subscriber may at any time revoke any permission previously given
by delivering to the grantee a written statement of that intent.
F.
Each subscriber shall be provided access to all personally
identifiable information regarding such subscriber that the grantee
collects or maintains or allows to be collected or maintained, and
such subscriber shall be provided the opportunity to correct any error
in such information.
G.
Any information concerning individual subscriber viewing
habits or responses, except for information for billing purposes,
shall be destroyed when no longer required for business purposes or
otherwise required to be kept by law.
H.
This section is not intended to prohibit the use or
transmission of signals useful only for the control or measurement
of system performance.
A.
Nondiscrimination required. 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, sex or physical or mental handicaps, provided
that the subscriber shall pay all applicable fees for the service
desired. The grantee shall comply at all times with all other applicable
federal, state and local laws and regulations, and all executive and
administrative orders relating to nondiscrimination which are hereby
incorporated and made part of this chapter by reference.
B.
Fairness of accessibility. The entire system of the
grantee shall be operated in a manner consistent with the principles
of fairness and equal accessibility of its facilities, equipment,
channels, studios and other services to all citizens, businesses,
public agencies and other entities having a legitimate use for the
network, and no one shall be arbitrarily excluded from its use. Allocation
of use of said facilities shall be made according to the rules or
decisions of the grantee and any regulatory agencies affecting the
same.
C.
Information accessibility.
(1)
Each individual shall have the right to information
concerning the provisions of this chapter and the rules and regulations
formulated pursuant to it by the Town Board, the grantee, agent or
entity created hereunder or pursuant to this chapter available at
Town Hall. The location and hours of operation for the delivery of
such information shall be published in the newspaper of the greatest
circulation within the town and in such other media as the Town Board
may determine.
(2)
Such information as may herein be prescribed will
be made available to the public and individual subscribers in such
form required for understanding, including the deaf and blind, and
in such languages as may be specified by the Town Board.
(3)
Each individual shall have the right to representation
on such boards, commissions, agencies or other entities created hereunder
or hereafter by the Town Board pursuant to the provisions of this
chapter. Such representation by citizens of the town shall be in the
manner and form as the Town Board may determine, ensuring equal participation
of all protected groups. The grantee shall strictly adhere to the
equal employment opportunity requirements of federal, state and local
regulations, as may be applicable, and as amended from time to time.
