Poway Municipal Code Art. VII Operation and Maintenance

The grantor shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, financial statements, service complaint logs, performance test results and other like materials of the grantee which reasonably relate to the operation of the franchise and the regulatory function of the grantor in question, and are maintained at the office within the franchise area. If any of such books or records are not kept in the local office, or upon reasonable request made available to the grantor, and if the grantor shall determine that an examination of such records is necessary or appropriate to the performance of any of the grantor’s duties, then all reasonable travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(Ord. 129 § 9.1, 1984; Ord. 298 § 1, 1989)

A. In any event the grantee shall at all times maintain:

1. A record of all complaints received and interruptions or degradation of service experienced for the preceding three years;

2. A full and complete set of plans, records and “as-builts” maps showing the exact location of all cable communications system equipment installed or in use in the franchise area, exclusive of subscriber service drops.

(Ord. 129 § 9.2, 1984; Ord. 298 § 1, 1989)

A. The grantee shall maintain an office in the service area or at other location as specified to be approved by grantor in the franchise agreement 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 24-hour a day 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 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 subscriber complaints or requests for service within 24 hours after receipt of the complaint or request. No charge shall be made to the subscriber for this service if the complaint is the result of subscriber negligence or equipment misuse.

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 grantor’s office responsible for administration of the franchise with the address and telephone number of the office.

(Ord. 129 § 9.3, 1984; Ord. 298 § 1, 1989)

A. Subject to applicable law, the 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. The grantee shall comply at all times with all other applicable Federal, State and local laws and regulations, and all applicable 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 applicable equal employment opportunity requirements of the FCC, State and local regulations, and as amended from time to time.

C. No signals of a Class IV cable communications channel shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one year, which shall be renewable at the option of the subscriber. No penalty shall be invoked for a subscriber’s failure to provide or renew such an authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. Such authorization is required for each type or classification of Class IV cable television activity planned; provided, however, that the grantee shall be entitled to conduct system-wide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return-path transmission, ensuring technical standards compliance, securing the cable system, verifying basic service customers or billing for pay services.

D. The grantee and its agents or employees shall comply with Section 631 of the Cable Act.

E. Fairness of Accessibility. The entire system of the grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the network, and no one shall be arbitrarily excluded from its use. Allocation of use of said facilities shall be made according to the rules or decisions of the grantee and any regulatory agencies affecting the same.

(Ord. 129 § 9.4, 1984; Ord. 298 § 1, 1989)

A. Discriminatory Practices Prohibited. The franchisee shall not deny cable television service or otherwise discriminate against subscribers, or others on the basis of race, color, religion, physical handicap, marital status, national origin, sex, or age. The franchisee shall strictly adhere to the equal employment opportunity requirements of Federal, State or local governments and shall comply with all applicable laws and executive and administrative orders relating to nondiscrimination.

B. Television Sets. The franchisee shall not directly or indirectly do any of the following acts in the jurisdiction of City:

1. Engage in the business of selling, leasing, renting, repairing or servicing of television sets or radios;

2. Solicit, refer or cause or permit the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by franchisee, provided, however, that the above provisions of subsection (B)(1) of this section shall not apply to modifications made to permit two-way communications.

C. Tapping and Monitoring. The franchisee shall not tap or monitor or permit any other person controlled by or under contract with franchisee to tap or monitor any cable, line, signal input device, or subscriber outlet, or receiver for any purpose whatsoever without the express written consent of the subscriber or a court order therefor; provided, however, that the franchisee shall be entitled to conduct system-wide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return path transmission, or checking for unauthorized connections to the cable television system or service levels or billing for pay services.

D. Data Collection.

1. Except for its own internal use, the franchisee shall not permit its system to be used for data collection purposes, nor shall it otherwise collect data which would reveal the commercial product or other preferences or opinions of individual subscribers, members of their families, or their guests, licensees or employees, unless authorized in writing by the City Manager. If City Manager shall in any case give such consent, he may establish reasonable conditions thereof.

2. In any event, the franchisee shall not reveal or permit the release or sale of data on individual subscribers; but may reveal or permit the release or sale of aggregate data only. Any aggregate data released or sold must be provided to the City at no charge.

E. Revealing Subscriber Preferences.

1. Franchisee shall not reveal individual subscriber preferences, viewing habits, beliefs, philosophy, creeds, or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the subscriber.

2. Such written consent, if given, shall be limited to a period of time not to exceed one year.

3. The franchisee shall not condition the delivery or receipt of cable services to any subscriber on any such consent.

4. Such a subscriber may revoke without penalty or cost any consent previously made by delivering to the franchisee in writing a substantial indication of his intent to so revoke.

F. Revealing Subscriber Lists. The franchisee shall not reveal, or sell, or permit the release or sale of its subscriber list unless authorized in writing by the City Manager, and if such consent is given, City Manager may place reasonable conditions thereon; provided that franchisee may use its subscriber list as necessary for the construction, marketing, and maintenance of the franchisee’s services and facilities authorized by a franchise, and the concomitant billing of subscribers for such services; and further, provided that consistent with applicable law, City may use franchisee’s subscribers list for the purpose of communication with subscribers in connection with matters relating to operation, management and maintenance of the cable system.

G. Other Persons Affected. The prohibitions contained in this chapter shall extend and apply to all of the foregoing as well as the franchisee.

1. Officers, directors, employees and agents of the franchisee;

2. General and limited partners of the franchisee;

3. Any person or combination of persons owning, holding or controlling five percent or more of any corporate stock or other ownership interest of the franchisee;

4. Any affiliated or subsidiary entity owned or controlled by, or in which any officer, director, stockholder, general or limited partner or person or group of persons owning, holding or controlling any ownership interest in the franchisee, shall own, hold or control five percent or more of any corporate stock or other ownership interest; and

5. Any person, firm or corporation acting or serving in the capacity of holding or controlling company of the franchisee.

H. Subscriber Bill of Rights. Franchisee shall provide, at the time of initial connection and annually thereafter to all subscribers a notice, in a form approved in advance by the City Manager. If the City Manager fails to deny consent within 15 days of franchisee submission, consent shall be deemed given, delineating and describing, in clear and understandable language, the consumer rights granted herein.

I. Notice to New Subscribers. Before providing cable television service to any subscriber, franchisee shall provide a written notice to the subscriber substantially as follows:

J. Complaint Advise. City Manager may require that franchisee advise each subscriber that the City’s representative is the official to whom complaints of poor service should be made if such complaints of poor service are not resolved by franchisee to the satisfaction of each subscriber.

(Ord. 419, 1993)

A. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify, or sell the system, or the grantor gives notice of intent to terminate or fails to renew the franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. In the event of a change of grantee, or in the event a new operator acquires the system, the grantee shall cooperate with the grantor, new grantee or operator in maintaining continuity of service to all subscribers. During such period, the grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.

B. In the event the grantee fails to operate the system for seven consecutive days without prior approval of the grantor or without just cause, the grantor may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the grantor or a permanent operator is selected. If the grantor is required to fulfill this obligation for the grantee, the grantee shall reimburse the grantor for all reasonable costs or damages in excess of revenues from the system received by the grantor that are the result of the grantee’s failure to perform.

(Ord. 129 § 9.5, 1984; Ord. 298 § 1, 1989)

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 the franchise, or this chapter, 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 of this chapter or applicable State and Federal laws, rules and regulations.

(Ord. 129 § 9.6, 1984; Ord. 298 § 1, 1989)

The grantee shall be required to provide service to tenants in individual units of a multiple housing facility (unless such facility is served under a bulk billing agreement providing for alternate tiers of services) with all services offered to other dwelling units within the franchise area, so long as the owner of the facility consents in writing, if requested by the grantee, to the following:

A. To grantee’s providing of the service to units of the facility without payment to such owner;

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

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

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

(Ord. 129 § 9.7, 1984; Ord. 298 § 1, 1989)