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.
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.
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.
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.
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.
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.