Chino Municipal Code Art. VIII Operation and Maintenance

A. The grantee shall manage all of its operations in accordance with a policy of totally open books and records. The grantor shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, financial statements, service complaint logs, performance test results and other like materials of the grantee which relate to the operation of the franchise and are maintained at the office within the franchise territory.

B. If any of such books or records are not kept in the local office, or upon reasonable request made available to the grantor, and if the grantor shall determine that an examination of such records is necessary or appropriate to the performance of any of grantor's duties, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(Ord. 84-37 § 9.1, 1984.)

The grantee shall maintain within the franchise area throughout the term of the franchise, an address for service of notices by mail. The grantee shall also maintain within the franchise area a local office and telephone number for the conduct of matters related to this franchise during normal business hours.

(Ord. 84-37 § 14.4, 1984.)

In any event the grantee shall at all times maintain:

A. A record of all complaints received and interruptions or degradation of service experienced for the preceding three years;

B. A full and complete set of plans, records and "as-built" maps showing the exact location of all cable communication system equipment installed or in use in the franchise territory, exclusive of subscriber service drops. Such plans shall be made available to members of the public for purposes of coordinating construction projects.

(Ord. 84-37 § 9.2, 1984.)

A. The grantee shall maintain an office in the franchise territory which shall be open during all usual business hours, have a publicly listed toll-free telephone, and be so operated to receive subscriber complaints and requests for repairs or adjustments on a twenty-four hour-a-day basis. A written log shall be maintained listing all complaints and their disposition.

B. The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of the system. A written log shall be maintained for all service interruptions.

C. The grantee shall maintain a repair force of technicians capable of responding to subscriber complaints or requests for service within twenty-four hours after receipt of the complaint or request.

D. The grantee shall furnish each subscriber at the time service is installed, written instructions that clearly set forth procedures, 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 grantor office responsible for administration of the franchise with the address and telephone number of the office.

(Ord. 85-17 (part), 1985; Ord. 84-37 § 9.3, 1984.)

A. The grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of income, race, color, religion, national origin, age or sex. 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 incorporated and made part of this chapter by reference.

B. Grantee shall strictly adhere to the equal employment opportunity requirements of the FCC, state and local regulations, and as amended from time to time.

C. The grantee's policy with regard to personally identifiable information shall be consistent with applicable law.

D. Fairness of Accessibility. The entire system of the grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having 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.

(Ord. 85-17 (part). 1985: Ord. 84-37 § 9.4, 1984.)

A. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify or sell the system, or the grantor gives notice of intent to terminate or fails to renew this franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances.

B. In the event of a change of franchisee, or in the event a new operator acquires the system, the grantee shall cooperate with the grantor, new franchisee 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 its services when it no longer operates the system.

C. In the event the grantee fails to operate the system for seven consecutive days without prior approval of the grantor or without just cause, the grantor may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the grantor or a permanent operator is selected. If the grantor is required to fulfill this obligation for the grantee, the grantee shall reimburse the grantor for all reasonable costs or damages in excess of revenues from the system received by the grantor that are the result of the grantee's failure to perform.

(Ord. 84-37 § 9.5, 1984.)

The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under this franchise, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules and regulations. Such rules, regulations, terms and conditions shall be submitted to the grantor for its review and grantor approval is required prior to their becoming effective.

(Ord. 84-37 § 9.6, 1984.)

The grantee shall be required to provide service to tenants in individual units of a multiple-housing facility with all services offered to other dwelling units within the franchise area, if requested by the grantee, to the following:

A. To the grantee's providing of the service to units of the facility;

B. To reasonable conditions and times for installation, maintenance and inspection of the system on the facility premises;

C. To reasonable conditions promulgated by the grantee to protect the grantee's equipment and to encourage widespread use of the system; and

D. To not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not.

(Ord. 84-37 § 9.7, 1984.)