Borough of New Britain, PA Article VII Service Provisions

§ 151-41 Services to subscribers and users.

A. Programming. Concurrently with the activation of the cable communications system in the Borough, the grantee shall provide all services to subscribers as described herein and in the franchise.

(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 Borough at least 30 days prior to the proposed implementation, and when practicable, 45 days prior notice to the Borough. 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) At a minimum, the grantee shall provide and maintain, within the time frame specified in the franchise, the following access channels whose purposes are outlined below:

(a) "Government access channel," which shall be a specifically designated channel for noncommercial local governmental use and shall be managed, scheduled and programmed exclusively by the Borough.

(b) "Educational access channel," which shall be a specifically designated channel for noncommercial 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 for noncommercial use by members of the general public on a nondiscriminatory basis and shall be managed and scheduled by the grantee.

(4) The grantee shall make available leased access channels for commercial use as required by federal law.

(5) 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 provide, service and maintain public emergency transmission facilities to the Borough, as described in the franchise.

§ 151-42 Installations, connections, and other grantee services.

A. Standard installations. "Standard installation" shall consist of a service not exceeding 150 feet from a feeder cable or pedestal attachment to the customer's residence. Service in excess of 150 feet and concealed wiring shall be charged at such cost as exceeds normal installation costs. The desire of the subscriber as to the point of entry into the residence or commercial establishment and as to the location of pedestals 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. Weather permitting, such restoration shall be undertaken within no more than 10 days after the damage is incurred, and the grantee shall use its best efforts to undertake and complete such restoration as soon as possible thereafter.

B. On-time guarantee. Excluding circumstances beyond its control, the grantee shall guarantee that service and installation appointments will be performed promptly. To this end, and except as provided above, grantee shall not charge a subscriber for an installation where the grantee is late for the installation appointment. Furthermore, in the event grantee is late for a service appointment, grantee shall provide the affected customer with a $20 bill credit. Where the grantee schedules appointment windows, the grantee shall be considered late for an appointment if it does not arrive at the customer's home within the scheduled window.

C. Antennas and antenna switches. Except in cases where safety is threatened after notification to the affected party and the safety problem is not corrected, 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. If the grantee finds safety a problem, the affected subscriber shall be notified, provided with an opportunity to correct the problem, and have service resumed after correction has occurred.

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. Grantee shall restore service to customers wishing restoration of service provided customer shall first satisfy any previous obligations owed.

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 grantee of same. A refund of unused service charges shall be paid to the customer within 45 days from the date of termination of service.

§ 151-43 Service calls and complaint procedures.

A. Business office. The grantee shall establish, operate and maintain within 10 miles of the Borough a business office, teleproduction facility, 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. Telephone service. The grantee shall have a locally listed or toll-free telephone number to receive subscriber service calls 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 as specified in the FCC regulations. Grantee's number shall be published and made available to subscribers and the general public. The grantee shall in addition provide a private telephone number to the Borough and utility companies to enable the Borough or the utility companies to reach the grantee in case of emergency on a twenty-four-hour, seven-days-a-week basis for same-day response.

C. Response time. 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 the time frames set forth in the franchise. 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. Grantee rules. The grantee shall prepare and file with the Borough 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 Borough office responsible for the administration of the franchise, including, but not limited to, the address and telephone number of said office.

E. Complaint records. The grantee shall keep full records in connection with all inquiries, or complaints and requests in connection with the system that result in the generation of a work order or are referred by the Borough, or that are referred to the grantee's Customer Satisfaction Department for resolution. 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 Borough.

F. Equipment service. The grantee shall service or replace without charge above the normal lease cost, all equipment which it owns and leases 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. This provision shall not apply to any equipment covered by a separate service/maintenance contract.

G. Investigation and remedial action. 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 Borough Manager may require the grantee to investigate and report to him/her the causes and cures thereof, and the Borough Manager may also conduct his/her own investigation. Thereafter, the Borough Manager 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 Council a notice of objection to the order, the Council 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.

§ 151-44 Continuity of service mandatory.

A. Subscription rights. 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. Cooperation. In the event that the grantee elects to rebuild, modify or sell the system, or the Borough gives notice of intent to terminate or fails to renew its franchise, the grantee shall cooperate with the Borough or new grantee or operator in maintaining continuity of service to all subscribers. During such period, 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 the grantee fails to operate the system for 30 consecutive days without prior approval of the Borough or without just cause, the Borough may, at its option, operate the system or designate an operator until such time as grantee restores service under conditions acceptable to the Borough or a permanent operator is selected. If the Borough is required to fulfill this obligation for the grantee, the grantee shall reimburse the Borough for all reasonable costs or damages in excess of revenues from the system received by the Borough that are the result of the grantee's failure to perform.

§ 151-45 Protection of subscriber privacy.

A. Protection of subscriber privacy mandatory. Grantee shall at all times protect the privacy of subscribers, as provided in this chapter and other applicable federal, commonwealth, 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, grantee shall provide notice in the form of a separate written statement to subscriber which clearly and conspicuously informs the subscriber of the privacy rights of the subscriber and the limitations placed upon grantee with regard to the collection, retention, inspection and dissemination of any personally identifiable information.

C. Correction policy. Each subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by grantee. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by grantee. A cable subscriber shall be provided reasonable opportunity to correct any error in such information.

§ 151-46 Rights of individuals.

A. Nondiscrimination required. 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 the subscriber shall pay all applicable fees for the service desired. Grantee shall comply at all times with all other applicable federal, commonwealth 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. 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 Council, the grantee, agent or entity created hereunder or pursuant to this chapter.