Greenfield Municipal Code Art. VIII Operation and Maintenance

Grantee shall, at all times, make and keep in the county full and complete plans and records showing the exact location of all its cable communications system equipment installed or in use in streets, alleys and public places in grantor's corporate boundaries. Promptly upon acceptance of the franchise, grantee shall file with grantor a current map or set of maps drawn to a scale approved by grantor showing all cable communications system equipment heretofore installed in grantor's corporate boundaries and now existing. Thereafter, grantee shall file with grantor on or before the last day of March of each year, a current map or set of maps drawn to a scale approved by grantor showing all cable communications system equipment installed in streets, alley and public places of grantor's corporate boundaries during the previous year.

(Ord. 322 § 8.01(part), 1986)

Upon written request and during normal business hours, grantee shall permit any duly authorized representative of grantor to examine the cable communications system together with any appurtenant property of grantee situated within or without grantor's corporate boundaries, and to examine any and all maps and other records, kept or maintained by grantee, or under its control, which deal with the operations of the cable communications system. Upon written request and during normal business hours, grantor, its agents or officers shall have the right to inspect all of the grantee's books and records which, in grantor's opinion, are reasonably necessary to verify the amounts due and paid to grantor under this franchise. Such books and records shall be made available in the county of Monterey.

(Ord. 322 § 8.01(part), 1986)

Grantee shall maintain a record or log listing date of customer complaints, identifying the nature of the complaint, and when and what action was taken by grantee in response thereto; such record shall be kept at grantee's office within the county for a calendar period of one year after the close of each business year, and shall be available for inspection, if requested, during regular business hours without further notice or demand by grantor. (Ord. 332 §8.02, 1986);

Grantee shall maintain an office within reasonable access of the customer base which shall be open at least twenty hours per week and grantee shall provide a local telephone directory listing and toll-free telephone service maintained on a seven-day, twenty-four-hour basis for the receipt of consumer complaints and requests for repairs or adjustments.

(Ord. 322 § 8.03(a), 1986)

A. Upon complaint by a subscriber as to signal quality which is not resolved within seven working days, grantee, at request of grantor, shall make a demonstration satisfactory to grantor that a signal is being delivered which is of sufficient strength and quality to meet the standards set forth in the regulations of the Federal Communications Commission.

B. If a subscriber files, in writing, a complaint for a loss of service problem for which the subscriber would be entitled to a credit under Section 5.24.510 and which exceeds a period of twenty-four hours and grantee fails to remedy the problem within a reasonable period following its receipt of written notice given by grantor, then the council may, after notice and hearing, level a penalty of up to seventy-five dollars for any occurrence or series of related occurrences. If grantee files a written objection to the penalty with the council, then grantee and grantor shall conduct a arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any decision by the arbitrators shall be a final judgment which may be executed upon or enforced in accordance with applicable law in any court having jurisdiction thereof. The fees for the arbitrator shall be shared equally by grantor and grantee, but the costs of arbitration, which shall be the same costs which would be taxable had the dispute been brought in the superior court of Monterey County, and reasonable attorneys' fees shall be prorated among grantor and grantee in proportion to any award made by the arbitrator.

(Ord. 322 § 8.03(b), (c), 1986)

A. 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 handicap. 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 hereby incorporated and made part of this chapter by reference.

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

C. Grantee shall comply with all federal and state laws regarding subscriber's rights to privacy and fairness of accessibility to cable television facilities.

(Ord. 322 § 8.04, 1986)

A. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to grantee are honored.

B. In addition to other service regulations adopted by grantee, and excepting circumstances beyond grantee's control including, but not limited to, acts of God, riots, civil disturbances, power failures and equipment failures and in providing the foregoing services, grantee shall:

1. Limit system failures to minimum time duration by locating and correcting malfunctioning promptly, but in no event longer than twenty-four hours after occurrence, irrespective of holidays or other nonbusiness hours; and

2. Render efficient service, making repairs promptly and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by notice given to subscribers twenty-four hours in advance and shall occur during periods of minimum use of the system.

(Ord. 322 § 8.05(a), (b), 1986)

In the event of a change of grantee, or in the event a new operator acquires the cable communication system, grantee shall cooperate with grantor, 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 cable communications system, and shall be entitled to reasonable costs for its services when it no longer operates the cable communications system.

(Ord. 322 § 8.05(c), 1986)

Grantee shall, upon written notice from a subscriber of any verified service loss which exceeds a period of twenty-four hours continuous and is not beyond the control of grantee or caused by acts of God, strikes, insurrection, acts of war, power failures or equipment failures, credit the account of the subscriber for such interruption. The amount of such subscriber credit shall be calculated based upon a formula which reflects the percentage of viewing hours and channels out of the total number of viewing hours and channels available on a monthly basis of which the subscriber was deprived. Additionally, if grantee is provided with a credit by program supplier or transmission delivery of program signal supplier, for services affecting the subscriber which is not performed, then grantee shall in turn provide a proportionate credit applied to the subscriber's bill. The aggregate credit applied to the subscriber service base shall not exceed the grantee's credit received from the program service or transmission supplier.

(Ord. 322 § 8.06, 1986)

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 grantee to exercise its rights and perform its obligations under the 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.

(Ord. 322 § 8.07, 1986)

Grantee shall be required to provide tenants in individual units of any multiple-housing facility with all services offered to other dwelling units within the franchise territory, so long as it is technically and economically feasible, the grantee and the building management shall agree to the following:

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

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

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

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

E. Nothing shall preclude the grantee from entering into a single billing or bulk bill condition, with the property management in order to efficiently provide services to the tenants.

(Ord. 322 § 8.08, 1986)

Grantee shall, at its expense, conduct a survey of its subscribers for the purpose of determining subscriber satisfaction with the cable communications system and services provided thereby, at or near the time of this franchise grant, and again in the second, fifth, tenth and fourteenth years of the franchise. At the times during the franchise when a franchise review is implemented pursuant to Section 5.24.220, the survey may be incorporated within the overall review process and not be necessary as an independent exercise. The survey shall be designed cooperatively by grantor and grantee. If grantor determines that the survey is not necessary or relevant, grantor may waive this requirement.

(Ord. 322 § 8.09 (part), 1986)

Upon request from grantor, grantee shall provide to grantor at the second, fifth, tenth and fifteenth year of the franchise, a listing of the then available satellite-delivered program services which are commonly used for subscriber distribution by CATV systems. Such listing shall be accompanied by a brief description of these services. The purpose of the request is to inform grantor as to the availability of CATV satellite-delivered program services currently in use by CATV systems, yet not currently carried by the grantee's system serving the city. Additionally, this information may be used or included within the scheduled subscriber survey.

(Ord. 322 § 8.09 (part), 1986)