Article VII — OPERATION AND MAINTENANCE

At all reasonable times the grantee shall permit examination, by any duly authorized representative of the grantor, of all franchise property, together with any appurtenant property of grantee situated within or without the Town. Grantee shall also permit any duly authorized representative of the grantor to examine and transcribe any and all maps and other records kept or maintained by grantee, or under its control, concerning the operations, affairs, transactions or property of grantee. If any of such maps or records are not kept in the Town, or upon reasonable request made available in the Town, and if the grantor shall determine that an examination of such maps or records is necessary or appropriate to the performance of any of their duties, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by grantee.

(Code 1968, § 9.80.010)

(a)

The grantee shall maintain an office 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, including the time taken to respond to the complaint and to repair the problem.

(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 and correcting subscriber complaints or requests for service within twenty-four (24) hours after receipt of the complaint or request. No charge shall be made to the subscriber for this service.

(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 Town office responsible for administration of the franchise with the address and telephone number of office.

(Code 1968, § 9.80.015)

(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 or sex. 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 strictly adhere to the equal employment opportunity requirements of the FCC, State and local regulations, and as amended from time to time.

(c)

Neither the grantee, nor any person, agency, or entity shall, without the subscriber's consent, tap, or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of the system, polling with audience participation, or audience viewing surveys to support advertising research regarding viewers where individual viewer behavior cannot be identified.

(d)

In the conduct of providing its services or pursuit of any collateral commercial enterprise resulting therefrom, grantee shall take any and all necessary action to prevent an invasion of a subscriber's or general citizen's right to privacy or other personal rights as such rights are delimited and defined by applicable law. Grantee shall not without lawful court order or other applicable valid legal authority utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber or general citizen.

(e)

No cable line, wire, amplifier, converter, or other piece of equipment owned by grantee shall be installed by grantee without first securing the written permission of the owner of any property involved; provided, however, that where the property owner has granted an easement or a servitude to another and the servitude by its terms and contemplates uses such as grantee's intended use, grantee shall not be required to secure the written permission of the owner for the installation of cable television equipment or facilities unless grantee elects to do so. If permission is later revoked, whether by the original or a subsequent owner, the grantee shall remove forthwith any of its equipment which is visible and movable and promptly restore the property to its original condition.

(f)

The grantee shall not sell or otherwise make available lists of the names and addresses of subscribers, or any list which identifies, by name, subscriber viewing habits, or personalized data pertaining to a subscriber's use of any of grantee's services without the express consent of the subscriber to which the personalized data pertains. For purposes of this section, "personalized data" shall mean the name and/or addresses of an individual subscriber directly associated with data obtained on the subscriber's use of specific services provided by or through the grantee. Nothing herein shall be construed to prevent, as a

normal incident of commercial enterprise, the sale or availability of nonpersonalized or aggregated data which is not personalized data as defined herein.

(Code 1968, § 9.80.020)

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 Town, so long as the owner of the facility consents in writing, if requested by grantee, to the following:

(1)

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

(2)

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

(3)

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

(4)

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

(Code 1968, § 9.80.025)

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.

(Code 1968, § 9.80.030)