[Code 1991, § 9-186]
A franchisee shall provide subscriber service on the following
basis:
A.
A franchisee shall not deny service or access to or otherwise discriminate
against persons, including subscribers and users, on the basis of
race, color, religion, national origin, age, or sex. However, reduced
rates may be uniformly applied to elderly and handicapped subscribers.
B.
In providing service, a franchisee shall:
(1)
Provide a local toll-free telephone service capable of receiving
subscriber service complaints, on a seven-days-a-week, 24 hours-a-day
basis.
(2)
Establish a maintenance service capable of promptly locating and
correcting system malfunctions. Service trucks shall be equipped for
voice communication with the franchisee's dispatcher. To permit rapid
response to any trunk outage, the franchisee shall have service trucks
available for emergency duty to repair system outages during nonbusiness
hours.
(3)
Respond to customer complaints within 24 hours after receipt if possible,
but no later than the next business day. The franchisee shall make
planned system repairs and testing which would result in any interruption
of service to subscribers at times which are outside prime viewing
hours and will minimize disturbance of typical subscriber television
viewing habits. Subscribers should be notified in advance of such
planned repairs.
In those cases where services are not restored within 24 hours,
the reasons for the delay shall be fully documented in the complaint
log. If, after 24 hours, service is not restored to a subscriber,
a franchisee shall provide upon the oral or written request of the
subscriber a refund or credit to such subscriber as set forth in this
subsection for each full twenty-four-hour period of interrupted service
or fraction thereof following subscriber notification of the interruption.
The refund or credit for each such period shall be in the amount of
1/30 the monthly charge for each tier of service and each premium
service which is unavailable to the subscriber.
(4)
Respond to billing complaints promptly. Written complaints shall
be responded to within five working days of receipt.
C.
As subscribers are connected or reconnected to the system and when
changes are made, or at least on an annual basis for existing subscribers,
a franchisee shall by appropriate means, such as a brochure, furnish
general subscriber information, including but not limited to equipment
and services available, rates and terms of service, and procedures
for making inquiries or complaints (providing the name, address, and
local telephone number for making inquiries or complaints) and furnish
information concerning the City office responsible for the administration
of the franchise, including the address and telephone number of the
office. Such information to be distributed must be approved by the
City in advance.
D.
When similar complaints have been made by a number of subscribers
or where other evidence exists which, in the judgment of the City,
casts doubt on the reliability or quality of the cable service, the
City shall have the right and authority to require that the franchisee
test, analyze, and report on the performance of the system.
[Code 1991, § 9-187]
A.
A franchisee shall establish and conform to the following policy
regarding refunds to subscribers and users:
(1)
If the franchisee collects a deposit or advance charge on any service
or equipment requested by a subscriber or user, the franchisee shall
provide such service or equipment within 10 business days after collecting
the deposit or charge or it shall refund the deposit or charge. Nothing
in this section shall be construed:
(a)
To relieve a franchisee of any responsibility it may have under
separately executed contracts or agreements with subscribers or users;
(b)
As limiting a franchisee's liability for liquidated damages,
if any, which may be imposed under the franchise for violating any
provisions thereof; or
(c)
To limit the franchisee's liability for damages, if any, because
it fails to provide the service for which the deposit or charge was
made.
(2)
If a subscriber terminates service during the first 12 months of
service because the franchisee has failed to render service substantially
in accordance with the requirements set forth in this article and
the franchise, the franchisee shall, upon written request, refund
to the subscriber an amount equal to the initial installation or reconnection
charge the subscriber paid; provided, however, that nothing in this
subsection shall be deemed to entitle the subscriber to a refund of
any other charges due the franchisee for its cable television service.
The subscriber shall bear the burden of proof in establishing that
he is entitled to a refund of initial installation or reconnection
charges.
(3)
If a subscriber has made any additional advance payment, the amount
advanced shall be refunded to the subscriber within 30 days of the
date service is terminated. Nothing in this subsection shall be construed
to relieve the franchisee of any liability established under any other
provisions of this article or a franchise issued pursuant thereto.
B.
The following requirements shall apply to subscriber disconnection:
(1)
There shall be no charge for disconnecting any installation service
or outlet. Upon a subscriber's request, all cable communications equipment
shall be removed from the subscriber's property within 15 days of
the request.
(2)
If any subscriber fails to pay a properly due charge, the franchisee
may disconnect the subscriber's service; provided, however, that such
disconnection shall not be effected until 30 days after the due date
of the monthly subscriber fee or charges and shall include a minimum
10 days' written notice to the subscriber of the intent to disconnect.
The franchisee shall reinstate the service upon payment in full of
all proper fees or charges.
[Code 1991, § 9-188]
A franchisee shall offer full cable television service to areas
of the City as specified in the franchise.
[Code 1991, § 9-189]
Protection of subscriber privacy shall be ensured consistent
with the provisions of 47 U.S.C. § 551.
[Code 1991, § 9-190]
A.
A franchisee rebuilding, modifying or selling its system shall ensure
that all subscribers receive continuous, uninterrupted service regardless
of the circumstances.
B.
As long as it is entitled to revenues from the operation of the cable
system, a franchisee shall maintain continuity of service during any
temporary transition in the franchise, including but not limited to
the following circumstances:
[Code 1991, § 9-191]
If a franchisee continues to operate the system in a transitional
period following the expiration, revocation or other termination of
the franchise, it shall be bound by all the terms, conditions and
obligations of the franchise as if it were in full force and effect.
The terminating franchisee shall cooperate with the City and any subsequent
franchisee in maintaining and transferring service responsibility.
[Code 1991, § 9-192]
A franchisee shall provide equal opportunity in employment to
all qualified persons, and no person shall be discriminated against
in employment because of race, color, religion, national origin, age
or sex. A franchisee shall establish, maintain, and carry out a positive,
continuing program of specific practices designed to ensure equal
opportunity in every aspect of company employment policy and practice.
A franchisee shall immediately comply with all federal, state and
local equal opportunity employment requirements and practices and
shall forthwith comply with any equal employment opportunity program
of the City.
