La Mesa Municipal Code Ch. 26.08 Services

Grantee shall annually poll subscribers to determine subscriber viewing preferences for services and/or programs not currently offered by grantee. The form, contents and methodology of said poll shall be submitted to the grantor for its input and concurrence. If grantor fails to concur for three consecutive years, which concurrence shall not be unreasonably withheld, grantee shall perform at its cost a reasonable independent telephonic study with a statistically valid sampling of subscribers for the grantor, as specified by the grantor. Results of said poll shall be provided to grantor within thirty days of receipt by grantee.

(Ord. 2621 § 1 (part); March 23, 1993)

A franchised system shall provide, as a minimum, the services and broad programming categories listed in the franchise agreement.

(Ord. 2621 § 1 (part); March 23, 1993)

Grantee shall inform grantor and subscribers at least thirty days in advance of making any deletion, reduction or retiering of a service or a change in rates.

(Ord. 2621 § 1 (part); March 23, 1993)

Grantee shall not discriminate between subscribers within one type or class in the availability of services at either standard or differential rates according to published rate schedules. No charges, except for special promotions not exceeding three months in length unless offered citywide, nonresidential and commercial service agreements, may be made for services except as listed in published schedules which are available to inspection by anyone at grantee's office, quoted by grantee on the telephone, and displayed or communicated to all potential customers.

(Ord. 2621 § 1 (part); March 23, 1993)

Upon completion of system construction and/or system reconstruction, grantee may, at its option, charge subscribers for services no more than one month in advance unless an individual subscriber requests a longer period. Prior to completion of system reconstruction, grantee may continue any existing advance billing practices which provide for up to a maximum of two months of advance billing. Bills may be due and payable upon mailing but shall not be delinquent, and no late charge penalties shall be assessed, until the later of: (1) thirty days from postmark; or (2) service has actually been provided for the billed period. All bills and billing statements shall clearly indicate the billing period, the actual due date, and the delinquent or late remedy or assessment.

(Ord. 2621 § 1 (part); March 23, 1993)

Grantee may disconnect a subscriber only for cause, which shall be limited to:

(a) Payment delinquency in excess of forty-five days.

(b) Willful or negligent damage to or misappropriation of grantee property.

(c) Monitoring, tapping, or tampering with grantee's system, signals, or service.

(Ord. 2621 § 1 (part); March 23, 1993)

Grantee shall, upon subscriber's written request, reconnect service which has been disconnected for payment delinquency when payment has removed the delinquency. A published standard charge may be made for reconnection. Grantee shall not be required to make more than three reconnections for the same subscriber if the disconnections involved were caused by payment delinquency within the past twenty-four months.

(Ord. 2621 § 1 (part); March 23, 1993)

(a) Grantee shall promptly provide and maintain service to the residential, commercial, and industrial structures as provided in the franchise agreement, in the service area as defined in the franchise agreement, upon request of the lawful occupant or owner.

(b) Subscriber has the right to require his/her installation be done over any route on his property, in any manner he may elect which is consistent with property construction practices and in compliance with all applicable laws, codes, and resolutions. Grantee may, if it so elects, require that any such request be made in writing and grantee shall comply if possible. If the subscriber requests installation other than a standard installation, then the subscriber may be required to pay a standard installation fee plus a fee for the time and materials occasioned by the installation if necessary for an initial outlet service connection. If the nonstandard installation is for anything other than for service connection, the grantee may charge any fee which it deems appropriate.

(c) For purposes of this subscription, a standard installation shall include installation of drop cable with fittings up to one hundred fifty feet from the CATV distribution system measured along the cable from the center line of the street or utility easement throughout the house wall or at the customer's option through the floor from a house vent or crawl space directly to the customer's television set with five feet of cable from the wall or floor entry to the TV set. Also included as part of a standard installation is the grounding cable, fine tuning of the television set and the provision of the appropriate literature.

(d) For each nonstandard drop installed which is not needed for service connection, the grantee may charge the subscriber in excess of that for a standard drop. Grantee shall provide each subscriber a binding written quotation of all charges prior to installation and obtain subscriber's written authorization in advance for all nonstandard drop charges.

(Ord. 2621 § 1 (part); March 23, 1993)

At such time as a converter or terminal becomes necessary for subscribers to have access to all services on its system, grantee shall make them available to subscribers.

(a) Each device shall be and remain the property of the grantee. Grantee shall be responsible for maintenance and repair of all equipment owned by grantee and may replace it as he may from time-to-time elect, except that subscriber shall be responsible for loss of or damage to any such device while in his possession.

(b) Upon termination or cancellation of subscriber's service, subscriber shall promptly return grantee's property to grantee in the same condition as received, reasonable wear and tear excepted.

(c) Grantee may apply the security deposit against any sum due from subscriber for cable services rendered but unpaid at disconnection, loss of converters, decoders, or other equipment or damage to such equipment exceeding reasonable wear and tear. In the event that no deposit has been required, the grantee may charge the subscriber for loss or damage to such equipment as set forth above.

(d) If grantee has no claim against the deposit, grantee shall return it, or the balance, to the subscriber.

(Ord. 2621 § 1 (part); March 23, 1993)