Jackson Municipal Code Div. VII Operation and Maintenance

The grantor, at its sole option, may provide for the day-to-day administration and enforcement of the provi-sions of the franchise.

(Ord. 483 §1, 1984)

The grantor shall have responsibility for regulation in the following areas:

A. Administering and enforcing the provisions of the cable communications system franchise(s);

B. Coordination of the operation of government and educational channels;

C. Establishing general procedures and standards for institutional operations and services, use of dedicated channels, and sharing of public facilities;

D. Analyzing the possibility of integrating cable communications with other city, state or regional telecommunications networks;

E. Formulating and recommending long-range cable policy for the city;

F. Collecting the designated franchise fee.

(Ord. 483 §1, 1984)

The grantee shall maintain an office, or payment station within the franchise territory and manage all of its operations in accordance with a policy of totally open books and records. The grantor, upon reasonable notice, shall have the right to inspect, at any time during normal business hours, all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results, and other like material of the grantee which relate to the operation of the franchise. Access to the aforementioned records shall not be denied by the grantee on the basis that said records contain "proprietary" information.

(Ord. 483 §1, 1984)

Upon request by city, copies of all petitions, applications, communications and reports submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable communications operations authorized pursuant to the franchise, shall also be submitted simultaneously to the grantor. Copies of responses from the regulatory agencies to the grantee shall likewise be furnished.

(Ord. 483 §1, 1984)

City retains the option and right to request and receive any of the following; subject to retaining and protecting the confidentiality and privacy thereof:

A. Annual report, which shall include:

1. A fully audited and certified financial report for the previous calendar year, including gross revenues from all sources, gross subscriber revenues from each category of service, net income, and end-of-year balance sheet;

2. A summary of the previous year's activities, including but not limited to subscriber totals and new services;

3. A summary of complaints received and handled; and

4. Projected plans for the future.

B. Monitoring and compliance reports, which shall include reports of the FCC performance tests for the home subscriber network required in Part 76, Section 76.601 of FCC Rules and Regulations.

C. Additions reports, which shall be furnished to the grantor, at the times and in the form prescribed, such additional data with respect to grantee's operation, affairs, transactions or property as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the grantor in connection with this franchise.

(Ord. 483 §1, 1984)

A. The grantee shall maintain an office in or near 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 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 periods of minimum use of the system.

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

D. The grantor shall ensure that all subscribers, programmers and members of the general public have recourse to a satisfactory hearing of any complaints, where there is evidence that the grantee has not settled the complaint to the satisfaction of the person initiating the complaint. The grantee shall establish procedures for handling and settling complaints.

(Ord. 483 §1, 1984)

A. The grantee shall, at all times, employ the standard of care attendant to the risks involved, and shall install and maintain in use industry-accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public or to employees of the grantee, pursuant to PUC-G.0.95 and G.0.128 or other similar state or federal standards.

B. The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electric Safety Code, and in such manner that they will not interfere with any installations of the grantor or any public utility.

C. All lines, equipment and connections in, over, under, and upon the streets and public ways and private property in the city, wherever situated or located, shall at all times be kept and maintained in a safe suitable condition, and in good order and repair.

(Ord. 483 §1, 1984)

The grantee shall not sell, or otherwise make available, lists of the names and addresses of its subscribers, or any list which identifies, by name, subscriber viewing habits, to any person, agency or entity, or any purpose whatsoever, without the specific authorization of the grantor, expressed by resolution.

(Ord. 483 §1, 1984)

The grantee and the grantor shall maintain constant vigilance with regard to possible abuse of the right of privacy of any subscriber, programmer or general citizen resulting from any device or signal, excepting, however, legitimate law enforcement function.

(Ord. 483 §1, 1984)