17-5 SERVICE TO INDIVIDUAL SUBSCRIBERS.

a. General . Installation of service to subscribers shall be done in a workmanlike manner and in conformance with all applicable requirements including the codes of the Town of Danville and the California Public Utilities Commission. Prior to installing service on, or over a subscriber’s property, the operator shall advise the subscriber of the operator’s intended installation plan. If the subscriber requests specialized installation work, the operator may require that the subscriber’s request be in writing and may charge the subscriber based on the operator’s time and materials cost in excess of standard installation. Specialized installations for which additional charges are required of the subscriber shall not be made by the operator unless an estimate of installation charges is provided to and approved by the subscriber in advance of the work being done.

b. Standard Installation : Primary Drop and Additional Outlets.

1. Primary Drop. The standard charge for connecting a subscriber’s premises to the cable plant shall be as set forth in the franchise agreement and as may be adjusted to reflect actual changes in the operator’s costs in accordance with that agreement and this chapter. (See subsection 17-3.3).

The operator shall install primary drops at the standard rate to each subscriber currently capable of being connected to the existing cable system at a standard rate.

2. Additional Outlets. The charge for installation of an outlet in addition to the primary connection shall be as set forth in the award agreement and as may be adjusted in accordance with the award agreement and this chapter.

The operator shall install an additional outlet at a standard charge unless special circumstances make the installation more costly than usual as provided in paragraph c.

3. The operator shall make no charge to a subscriber already connected to the existing cable system for a replacement connection necessitated by a rebuilt or new cable system if the subscriber authorizes connection to the new or rebuilt system at the time the cable plant is installed. A subscriber requesting connection at a later date may be assessed the standard charge.

c. Special Installation Charges . The operator may assess an additional charge for a special installation to or within a structure. A special installation includes one (1) or more of the following:

1. There exist special conditions in the structure or the property upon which it is located or the subscriber requests a drop which is substantially different from what the operator would have done had there been no such request;

2. The installation is remote (“remote drop”), the distance to subscriber’s building being more than one hundred fifty (150’) feet from the nearest street or the nearest point on the operator’s distribution plant, whichever is closer;

3. The installation is in a low density area, in which case paragraph d. also applies.

For a special installation, the operator may assess a special charge, limited to the actual cost of labor and materials in excess of a standard installation. A subscriber’s liability is limited to the standard charge, however, unless the operator has provided an itemized estimate and obtained the subscriber’s prior written consent to the special charge.

d. Installation in Low Density Areas. If the Town waives the mandatory installation requirement under Section 17-4 as to any currently occupied area of the Town, operator shall, during construction or rebuilding, provide notice to each prospective subscriber in any such exempted area of the opportunity to have the cable system installed in that area upon payment of a special fee. If a prospective subscriber then indicates a desire to be served, the operator shall provide a written estimate of the fee to be charged for extending cable system plant to the area in question. Any easements required for special installation shall be obtained by the subscriber, or by the operator at the subscriber’s expense.

Franchise granted by the Town shall include a specific line extension policy to implement this subsection.

(Ord. #23-83, §1)

17-5.2 Subscriber Complaints; Repair Services.

a. Local Office . The operator shall maintain an office within the franchise area for receiving and resolving subscriber complaints and problems. The office shall be open during normal business hours, not less than 9:00 a.m. to 5:00 p.m. on weekdays, excluding legal holidays. The office shall have a publicly listed telephone number, toll-free to all subscribers, and shall have facilities to receive and respond to complaint calls twenty-four (24) hours per day, seven (7) days a week. The Town Council may, by resolution, waive the requirement of an office within the franchise area and provide instead for an office within a reasonable one way driving distance of the franchise area upon finding that the ability of the operator to respond is not adversely affected.

b. Prompt Repair Service . The operator shall provide efficient service, make repairs promptly and shall limit system failures and malfunctions to the minimum time duration possible by promptly investigating and acting upon service complaints. When there is a loss of service to an individual or the system, the operator shall restore its normal standard of service within twenty-four (24) hours of receiving notice of the problem. The operator may restore service by temporary means for up to seventy-two (72) hours. Time for completion is not extended for holidays or weekends.

The operator shall maintain a staff of technicians capable of responding to a system malfunction within twenty-four (24) hours of receipt of notice or complaint and may not charge a subscriber for repair of a system malfunction.

c. Service Interruptions . The operator may initiate a service interruption only for good cause and for the shortest time possible. In case of scheduled service interruption the operator shall make all reasonable efforts to minimize inconvenience to the subscribers, including when possible, at least twenty-four (24) hour advance notice of the interruption.

d. Information to Subscribers . The operator shall provide written information to subscribers setting forth procedures for making an inquiry or complaint. The information shall be provided at the time service is begun and whenever requested. Such information shall include:

1. The name, address and toll-free telephone number of the operator’s department responsible for subscriber complaints and requests for repairs;

2. The name, address and telephone number of the Town office or representative that subscribers may contact if a complaint regarding service or fees is not satisfactorily resolved by the operator.

3. The procedures by which a subscriber may request an adjustment in a service charge for periods of impaired service, as set forth in paragraph e. including the right to seek resolution of disputes from the Town representative.

e. Reduction in Charges for Extended Interruptions . Each subscriber is entitled to a pro-rata reduction of cable service charges if a system malfunction or other interruption causes a:

1. Loss of service for twelve (12) consecutive hours; or

2. Repeated losses of service which total twelve (12) hours in a week.

For each such loss of service a subscriber may deduct one-thirtieth (1/30) of the monthly bill. If only part of the service is interrupted (for example, loss to a secondary outlet or loss of an expanded tier of service), the subscriber may only deduct for that part of the service which was impaired.

If a service interruption exceeds twelve (12) consecutive hours or a total of twelve (12) hours in a week, a subscriber may request an adjustment other than that provided in this paragraph. The operator shall provide in its rules and regulations for a procedure by which the subscriber may request and receive a credit against its monthly charge for such an extended service interruption.

The period of interruption is the time elapsing between the operator’s receipt of notice or complaint and restoration of service.

If the subscriber and operator are unable to agree on a mutually acceptable adjustment in charges, the subscriber and operator may jointly agree to resolve the dispute by arbitration under subsection 17-7.4. If the subscriber and operator do not agree to arbitration, then either party may direct the problem to the attention of the Town representative and the procedure provided in subsection 17-7.3b. shall govern.

The Town may suspend the provisions of this paragraph during period of system reconstruction.

f. Record of Complaints, Interruptions, Malfunctions . The operator shall maintain a record of every complaint, service interruption and system malfunction. The record shall include the nature and location of each such problem, the date and time notice or complaint was received, and its disposition, including the time taken to respond and to complete repairs.

These records shall remain available for inspection at the operator’s local business office for at least three (3) years after any transaction re- corded in them.

(Ord. #23-83, §1)

a. Disconnection for Nonpayment . The operator may disconnect or discontinue service to a subscriber for nonpayment of charges for services rendered if: (1) the subscriber has received at least one (1) full month of service without providing full

payment; (2) the customer has not paid the amount in dispute in escrow (subsection 17-7.3d.): and (3) the operator has given the following written notice:

1. An itemized statement of charges, sent at least ten (10) working days before the date the bill is due; and

2. A statement to the subscriber of his right to deposit the amount in dispute in escrow in order to avoid disconnection.

b. Manner of Disconnecting . Service disconnected under this subsection shall be done by the operator in the most efficient practical manner.

c. No Charges . There shall be no charge for discontinuing service but the operator may require, in addition to payment of any delinquent fees, a reasonable fee for reconnection.

(Ord. #23-83, §1)