Signal Hill Municipal Code Art. VI Protection of Subscribers

A. Grantee agrees to be bound by subscriber rates as guaranteed by any letter of agreement or contract which specifically addresses system operation under the terms and conditions of this chapter.

B. Following any effective rate-guaranteed period, grantee shall abide by the provisions of any and all applicable state or federal statutes including but not limited to the Cable Communications Policy Act of 1984, as it presently exists and as may be amended.

(Ord. 85-07-950 § 1 (part))

The grantee, by acceptance of the franchise, agrees to abide by and implement all the provisions of Section 637.5 of the California Penal Code and of the Cable Communications Policy Act of 1984, dealing with subscriber privacy, and upon mutual agreement between the city and grantee, any such additional controls as may be adopted to protect the right of privacy of individual subscribers, especially as such controls may be necessitated by implementation of the interactive (two-way) features when such services become available.

(Ord. 85-07-950 § 1 (part))

A. The following procedure shall be adhered to in the event of subscriber complaints or complaints by city residents:

1. Grantee shall establish procedures for receiving, acting upon and resolving subscriber complaints to the satisfaction of the city manager. The grantee shall furnish a notice of such procedure to each subscriber at the time of initial subscription to the system.

2. Maintain a written or computer record, or "log" listing date and time of customer complaints, and determining the nature of the complaints and when and what action was taken by the grantee in response thereto; such record shall be kept at grantee's local office, reflecting the operations to date for a period of at least three years, and shall be available for inspection during regular business hours without further notice or demand by the city manager.

3. In the event that a complaint is not resolved to the mutual satisfaction of the complainant or the grantee, either complainant or the grantee may request that the matter be presented to the city manager for a hearing and resolution.

4. When there have been similar complaints made or where there exists other evidence which, in the judgment of the city manager casts doubt on the reliability or quality of cable service, or the grantee's ability to meet the technical standards herein adopted, the city manager shall have the right and authority to compel the grantee to test, analyze, and report on the performance of that part of the system involved in the problem. Such test or tests shall be made and the reports of such test or tests shall be delivered to the city no later than fourteen days after the city formally notifies the grantee. Such report shall include the following information:

a. The nature of the complaint which precipitated the special test;

b. What system component was tested;

c. The equipment used and procedures employed in such testing;

d. The names of the individuals performing and witnessing the testing;

e. The date, time, and location of testing;

f. The results of such testing;

g. The method in which such complaints were resolved.

B. Any other information pertinent to the special test shall also be recorded. The resultant report shall be submitted to the city manager and will form the basis of determination. In the event either the subscriber or grantee finds that the determination unsatisfactory, either may appeal the issue to the city council for a final and binding determination. In the event of such appeal, the city council may utilize an independent consultant or engineering firm to test or evaluate the complaint, and the cost of employing the consultant or firm shall be borne by the grantee in accordance with Section 13.12.070C.

(Ord. 85-07-950 § 1 (part))

A. Grantee shall maintain a local business office within one mile of the city for the purposes of conducting its local activities. Grantee further agrees to maintain a twenty-four-hour toll-free answering service for service-related problem calls, as well as separate toll-free telephone numbers for the system manager, the sales/marketing department, and service department. A minimum of two lines shall be maintained for service-related calls, and, in the event the city determines through subscriber complaints that those are insufficient to meet current demands, grantee shall add such additional lines as may be necessary to provide prompt, efficient response to subscriber inquiries as specified in Section 13.12.190.

B. All such telephone numbers indicated in subsection A of this section shall be listed in directories of the telephone company serving the city, and be so operated that complaints and requests for repairs or adjustments may be received by phone at any time, day or night, seven days a week. All complaints shall be acknowledged and responded to within forty-eight hours of receipt.

(Ord. 85-07-950 § 1 (part))