Jefferson City Municipal Code

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CHAPTER 21
cable TV franchise
(Cr. #10-79) (Rep. & Recr. #15-97)

21.01 Short Title

21.02 Grant of Franchise

21.03 Definitions

21.04 Renewal

21.05 Termination or Expiration

21.06 Transfer Procedure

21.07 Franchise Territory

21.08 Subscriber Privacy

21.09 Technical Performance

21.10 Open Books and Records

21.11 Subscriber Service

21.12 Description of System

21.13 Rates

21.14 Conditions on Street Occupancy

21.15 Indemnity

21.16 Bond, Security Fund, and Remedies

21.17 Franchise Fee and Financial Reporting

21.18 City Rights

21.19 Waiver of Charges

21.20 Severability

21.21 Acceptance by Grantee

21.22 Incorporation of Amendments

21.23 Protection of Non-subscribers

21.24 Grantee Rules

21.25 Waiver of Objections

21.26 Grantee Without Recourse

21.27 Work Performed By Others

21.28 Contest of Validity

21.29 Customer Service Standards

CABLE TV FRANCHISE 21.01

  • 21.01 SHORT TITLE. This chapter shall be known and may be cited as the "Cable Television Franchise Ordinance."

    21.02 GRANT OF FRANCHISE. This chapter allows the City of Jefferson to grant to a Franchise Grantee, its successors and assigns, a nonexclusive license to install, maintain and operate a cable television system for the distribution of television signals, frequency-modulated radio signals and any other electronic signals capable of being transmitted over a fiberoptic and/or coaxial cable network and closed circuit television programs for a term not to exceed 15 years, provided that the Franchise Grantee conforms to the conditions, limitations and requirements of this Ordinance. This Ordinance may be amended from time to time by the City through the enactment of amendments thereto.

    21.03 DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.

  • (1) CABLE. Coaxial and/or fiberoptic cables, wave guides or other conductors and equipment for providing television or other services by cable or through its facilities as herein contemplated, and including closed-circuit special event programs and educational television.

    (2) CITY. The City of Jefferson, County of Jefferson, State of Wisconsin, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.

    (3) CITY COUNCIL; COUNCIL. The present governing body of the City or any future body constituting the legislative body of the City.

    (4) GRANTEE. A person or entity to whom or which a Franchise under this chapter is granted by the City, along with the lawful successors or assigns of such person or entity.

    (5) GROSS REVENUES. Any revenue, derived directly or indirectly by a Grantee, its affiliates, subsidiaries, parents and any persons or entities in which a Grantee has a financial interest of five percent or more, from or in connection with the operation of a Jefferson cable system including, but not limited to, basic or extended basic subscriber service monthly fees, pay cable fees, installation and reconnection fees. The term does not include any taxes on services furnished by a Grantee and imposed directly upon any subscriber or used by the City, State or other governmental unit and collected by a Grantee on behalf of said governmental unit.

    (6) NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the City are open to serve customers.

    (7) NORMAL OPERATING CONDITIONS. Those conditions affecting service within the control of the Grantee. Those conditions presumed to be outside Normal Operating Conditions include natural disasters, human-caused disasters and civil disturbances, power or telephone outages, and severe or unusual weather conditions where such condition limits the Grantee's ability to provide service. Those conditions presumed to be within Normal Operating Conditions include special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance, rebuild or upgrade of the cable system.

    (8) STREET. The surface of and space above and below any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the City.

    (9) SUBSCRIBER. Any person or entity legally receiving for any purpose the services of a Grantee herein.

  • CABLE TV FRANCHISE 21.04

  • 21.04 RENEWAL. (1) To the extent applicable, Federal law shall govern the procedures and standards for renewal of any Franchise awarded pursuant to this Ordinance.
  • (2) To the extent Federal law is not applicable, the City shall, in its sole judgment and discretion, have the right to grant or deny renewal, provided that, at a minimum, Grantee provides written notice of its intent to seek renewal at least 30 months but no more than 36 months prior to the expiration of the applicable Franchise term.
  • 21.05 TERMINATION OR EXPIRATION. (1) A Franchise granted under this ordinance may be terminated by the City for just cause, which may include, but not be limited to, a material breach of the provisions of this ordinance, a Franchise agreement issued under this ordinance, or other violation of local, state or federal law. The City shall not terminate a Franchise without notice to the Grantee, reasonable opportunity to cure, and a public proceeding offering the Grantee and other interested parties the opportunity to comment.

  • (2) Should a Grantee's Franchise be terminated or expire and there is no judicial or administrative review of the termination or expiration taking place, the Grantee shall begin removal, within 90 days of termination or expiration, of all property owned by the Grantee and placed on a public right-of-way unless permitted by the City to abandon said property to the City or to a purchaser.

    (3) In the event that a Franchise has been terminated or has expired, the City shall have options, to the extent then permitted by law, to purchase the tangible assets of the Grantee's cable television system previously governed by the Franchise at its fair market value which shall be determined by a bona fide offer to purchase the system, to assign such rights to purchase, or to require removal of all Grantee's property located within the public ways of the City at the Grantee's expense. Such an option must be exercised within one year from the date of the termination or expiration of the Franchise, the entry of a final judgment by a court reviewing the question of the termination or expiration, or the entry of a final order upon appeal of the same, whichever is later.

  • 21.06 TRANSFER PROCEDURE. All of the rights and privileges and all the obligations, duties and liabilities created by this Ordinance shall pass to and be binding upon the successors of the City and the successors and assigns of a Grantee. The Franchise shall not be assigned or transferred by the Grantee without the written approval of the City hereunder, which approval shall not be unreasonably withheld without a showing of good cause; provided, however, that this section shall not prevent the assignment or pledge of a Franchise or system by a Grantee as security for debt without such approval; and provided further that transfers or assignments of a Franchise between any parent and subsidiary corporation or between entities of which at least 51% of the beneficial ownership is held by the Grantee or any parent corporation shall be permitted without the prior approval of the City. The sale, transfer or assignment of a material portion of the tangible assets of a Grantee to an unrelated third party shall be considered an assignment subject to the provisions of this section.

  • (1) The parties to the sale or transfer of a Franchise shall make a written request to the City for its approval of a sale or transfer of the Franchise.

    (2) The City shall reply in writing within 30 days of the request with a written notification of any information it needs to evaluate the request. Within 30 days of such information being provided, the City shall indicate approval of the request or its determination that a public hearing is necessary.

    (3) If a public hearing is deemed necessary pursuant to subsection B, the City shall conduct such hearing within 30 days of such determination. Notice of any such hearing shall be given at least 14 days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the area being served by the Franchise. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City.

  • CABLE TV FRANCHISE 21.06(4)

  • (4) Within 60 days after the public hearing, the City shall approve or deny the sale or transfer request and notify the Grantee in writing of its decision.

    (5) The parties to the sale or transfer of a Franchise only, without the inclusion of a cable communications systems in which at least substantial construction has commenced, shall establish that the sale or transfer of a Franchise only will be in the public interest.

    (6) The new holder of a sold or transferred Franchise shall, within 30 days of the sale or transfer, file with the City a copy of the deed, agreement or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the Grantee. The new holder shall within the same period file with the City any and all required bonds, proofs-of-insurance and certifications, and accept in writing all responsibilities relating to the Cable Franchise and System.

  • 21.07 FRANCHISE TERRITORY. A Franchise granted under this chapter is for the present territorial limits of the City of Jefferson. For any households or areas existing or added to the Franchise territory during the term of the Franchise, service shall be extended within one year wherever density reaches 20 dwelling units per plant mile.

    21.08 SUBSCRIBER PRIVACY. (1) No monitoring of any authorized terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion and written notice to the City, except as may be required for normal maintenance of the system.

    1. A Grantee shall not, except as required by governmental action, provide any data concerning specific subscribers or users or their use of subscriber services without first securing written authorization from the subscribers or users as required in the Cable Communications Policy Act of 1984.
    2. Subscribers and users shall retain the right to deactivate their terminals, but shall continue to be responsible for charges until the Grantee is notified to terminate service.
  • 21.09 TECHNICAL PERFORMANCE. The cable system shall be operated to comply with or exceed all guidelines and standards set by the FCC for signal quality and leakage. The City reserves the right to test the system or any part thereof and independently measure the signal quality. The Grantee shall provide reasonable access to its facilities and any assistance necessary for such testing. The system shall comply at all times with the applicable National Electrical Code of the National Fire Protection Association.

    21.10 OPEN BOOKS AND RECORDS. A Grantee shall manage all of its operations in accordance with the policy of totally open books and records vis--vis the City. The authorized officers or agents of the City shall have the right to inspect, upon notice, during normal business hours all books, records, maps, plans, financial statements, service complaint logs, performance test results, records of request for service and other like materials of the Grantee that relate to the operation of the Franchise.

    1. SUBSCRIBER SERVICE. (1) A Grantee shall be required to provide a minimum of two locations within the City and open during Normal Business Hours to receive customer payments.
  • (2) The Grantee shall provide access to a local or toll-free telephone number for programming questions and service requests. The number shall be either staffed or provided with answering capabilities 24 hours a day.
  • 21.12 DESCRIPTION OF THE SYSTEM. (1) A Jefferson cable system shall be at least 78 NTSC channels in bandwidth or their digital equivalent when newly built, rebuilt or significantly upgraded.

    1. A Grantee shall, upon request of the City, provide a complete written description of the cable system in the City of Jefferson. Such written description shall be updated as substantial changes are made.

     

     

    CABLE TV FRANCHISE 21.13

  • 21.13 RATES. (1) Rates charged by a Grantee for service hereunder shall be fair and reasonable. Before any service is sold to any customer, the Grantee shall file with the City Clerk its schedule of rates for installation, monthly service charges and any other charges related to the operation of the cable system, together with a statement of the rights and obligations of subscribers.
  • (2) Subsequent additions or amendments to rates and service charges shall likewise be filed with the City Clerk at least 30 days before the same become effective.

    (3) The City reserves the option to regulate rates for cable service, should such power be allowed under federal and state law.

    1. CONDITIONS ON STREET OCCUPANCY. (1) USE. All transmission and distribution structures, lines and equipment erected by a Grantee within the City shall be so located as not to cause interference with the proper use of streets, alleys and other public ways and places, and not to cause interference with the rights of or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places.
  • (2) RESTORATION. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall first give notice to the Director of Public Works of any contemplated disturbances of pavement, sidewalk, driveway or other surfacing, and shall, at its own cost and expense and in a manner approved by the Director of Public Works, replace and restore all pavement, sidewalk, driveway or other surface of any street or alley disturbed in as good condition as before such work commenced. The Grantee shall otherwise comply with City ordinances relating to street openings.

    (3) RELOCATION. If, at any time during a Franchise, the City shall elect to alter or change the location or grade of any street, alley or other public way, the Grantee, upon 72-hour notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If any construction by the Grantee is in violation of the provisions of subsection A, the Grantee shall likewise, upon reasonable notice by the City, remove, relay and relocate its property in such a manner as to remedy such violation at its own expense.

    (4) PLACEMENT OF FIXTURES. The Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric, telephone or other fixture, water hydrant or main. All such poles or other fixtures placed in any street shall be placed between the outer edge of sidewalk and the curb line where such boundaries exist, and those placed in alleys shall be placed close to the line of the lot abutting on such alley in such a manner as not to interfere with the usual travel on the streets, alleys and public ways. However, nothing in this chapter shall prohibit the use by the Grantee of existing public utility poles where practical, providing mutually satisfactory rental agreements can be entered into with the Grantee.

    (5) UNDERGROUND SERVICE. The Grantee shall install underground service in areas where electric and phone services are underground. Unless a greater depth is required, the minimum depth for underground cable service at the time of initial installation shall be 12 inches. Grantee shall undertake to minimize disruption to a subscriber's property when installing underground service.

    1. TEMPORARY REMOVAL OF WIRE FOR BUILDING MOVING. A Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expenses of such temporary raising or lowering of the wires shall be paid by the person requesting the same, and the Grantee may require such payment in advance. The Grantee shall be given advance notice of at least five working days to arrange for such temporary wire changes.
  • (7) TREE TRIMMING. The Grantee, to the same extent that the City has such authority, may trim trees that overhang streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. The Grantee must apply to the City for a no-fee permit before trimming trees.
  • CABLE TV FRANCHISE 21.15

    21.15 INDEMNITY. (1) INDEMNIFICATION. The Grantee shall defend and save the City and its agents and employees harmless from all claims, damages, losses, and expenses, including attorney's fees, sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever arising out of:

      1. The enactment of this Ordinance and granting of a Franchise thereunder.
      2. The installation, operation or maintenance of the cable system except for acts of the City, its agents or employees, unless said acts are at the request of and under the direction or supervision of the Grantee.
  • (2) NOTIFICATION AND FILING. The City shall notify the Grantee within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the City on the part of the Grantee. The Grantee shall furnish to the City, before any Franchise becomes effective, satisfactory evidence in writing that the Grantee has in force and will maintain in force during the term of the Franchise public liability insurance.
    1. LIABILITY INSURANCE. (a) A Grantee shall maintain throughout the term of the permit a general comprehensive liability insurance policy naming as additional insured the City, its officers, Councils, commissions, agents and employees, in a company approved by the City and in a form satisfactory to the City Attorney. The policy shall protect the City and its agencies and employees against liability for loss or damage for personal injury, death or property damage occasioned by the operations of Grantee under any Franchise granted hereunder, in the amounts of :
      1. $1,000,000.00 for bodily injury or death to any one person with the limit however of $2,000,000.00 for bodily injury or death resulting from any one accident, and
      2. $1,000,000.00 for property damage resulting from any one accident. The City shall be named as an additional insured under such insurance and a copy of the current in-force policy shall be deposited with the City Administrator.
  • (b) On every third year anniversary of the granting of a cable franchise, the City shall have the power to reasonably increase the amount of liability insurance required, and the Grantee shall have 60 days after notification to file proof of such increased coverage.
  • 21.16 BOND, SECURITY FUND AND REMEDIES. (1) BOND. During the construction or substantial rebuild of a cable system, the Grantee shall file with the City a performance bond in the amount of $50,000. The bond shall be released when the Grantee certifies to the City that the construction or substantial rebuild is complete, and the City accepts such certification as proven.

    1. SECURITY FUND. At the time a Franchise is accepted, the Grantee shall file with the City and maintain through the term of the Franchise a bond or a cash fund in the amount of $5,000.00 as a common security fund for the faithful performance by the Grantee of all the provisions of the Franchise. Provision shall be made to permit the City to withdraw funds from the security fund pursuant to subsection C. The Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. Within ten days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to this section, the Grantee shall replenish the bond to the required amount.
    2. FAILURE TO COMPLY. Any violation by a Grantee, its vendor, lessee or successor of the provisions of a Franchise or any material portion or portions thereof, or the failure promptly to perform any of the provisions thereof shall, after 30-days written notice and opportunity to cure is given to the Grantee, cause the Grantee to be fined up to $100 a day from the Security Fund until proper correction is made. The City also reserves the right to forfeit the Franchise and cancel all rights hereunder. A Grantee is not responsible for failure to provide adequate service when that failure is caused by acts of God, strikes, governmental or military action, or other conditions beyond its control including the unavailability of material or parts.
  • CABLE TV FRANCHISE 21.17

  • 21.17 FRANCHISE FEE AND FINANCIAL REPORTING. (1) FRANCHISE FEE PAYMENT. As compensation for permission to use the streets and public ways of the City for the construction, operation, maintenance, modification, and reconstruction of a cable system, and for the City's costs in establishing a regulatory program for a Grantee, the Grantee shall pay to the City each year an amount equal to 5% of the Grantee's annual Gross Revenues.

  • (2) PAYMENT SCHEDULE; ESTIMATED PAYMENTS; LATE PAYMENTS. The Franchise fee shall be paid on a quarterly basis according to the following schedule: revenues for January through March shall be reflected in a May 15th payment; revenues for April through June shall be reflected in an August 15th payment; revenues for July through September shall be reflected in a November 15th payment; and revenues for October through December shall be reflected in a February 15th payment.
    The Grantee may make estimated payments for the first three quarters of a calendar year, provided that no estimated quarterly payment is less than 25% of the previous year's total annual payment, and that any discrepancy between the estimated quarterly payments and the total owed for the calendar year is corrected by the February 15th payment.
    The Grantee shall pay to the City a late payment fee of 1.5% per month or portion thereof for any late franchise fee payments.

    (3) ANNUAL REPORT. No later than April 15th of each year, the Grantee shall present to the City a report of system finances for the previous year, which shall include gross revenues from all sources and detail of the amount contributed by each revenue component within the franchise territory. In addition, upon request of the City the Grantee shall present to the City an audited, consolidated financial statement showing operating expenses, net income and an end-of-year balance sheet.

    (4) ACCEPTANCE NOT CONSIDERED RELEASE. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise fee or for the performance of any other obligation of the Grantee.

  • 21.18 CITY RULES. (1) The City hereby reserves the right to adopt, in addition to the provisions contained in this Ordinance and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police powers. Such regulations, by ordinance or otherwise, shall be reasonable and not be in substantial conflict with the rights granted in this Ordinance and not be in conflict with the laws of the State.

  • (2) The City may, during the term of a Franchise, free of charge where aerial construction exists, maintain upon the poles of the Grantee within the City limits wire and pole fixtures necessary for a police and fire alarm system, such wires and fixtures to be constructed and maintained to the satisfaction of the Grantee and in accordance with its specifications.
    1. The City may inspect all construction or installation work during such construction or installation, or at any time after completion thereof, in order to insure compliance with the provisions of this chapter and all other governing ordinances.
  • 21.19 WAIVER OF CHARGES. (1) During a Franchise, a Grantee shall provide one free outlet and basic and expanded basic cable service to each municipally owned or leased building passed by the cable system and used substantially for municipal purposes, as well as to any and all schools, whether private or public, within the Franchise territory.
  • (2) Upon 180 days notice by the City, the Grantee shall be required to provide two dedicated, non-commercial access channels, including wiring, insertion equipment and the return path needed to connect to the cable system. Origination shall be from any two locations chosen by the City within the Franchise territory that are passed by the cable system.
    1. The City shall have sole authority to administer the community access channels unless it chooses to delegate such authority. A Grantee shall not be responsible for the equipment or operating costs for community access channels, except as provided for in a Franchise Agreement.
  • CABLE TV FRANCHISE 21.19(4)

    (4) The Grantee shall provide the City with an emergency alert override capacity, capable of securely accepting signals from a remote location and displaying City information on all channels.

  • 21.20 SEVERABILITY. Should any word, phrase, clause, sentence, paragraph or portion of this Ordinance and or a Franchise thereunder be declared to be invalid by a Court of competent jurisdiction, such adjudication shall not affect the validity of this Ordinance and or the Franchise as a whole, but shall only affect the portion thereof declared to be invalid; and the City hereby expressly states and declares that it would nonetheless have passed this Ordinance and or granted the Franchise had it known that any such word, phrase, clause, sentence, paragraph or portion of said Ordinance and or Franchise were invalid.

    21.21 ACCEPTANCE BY GRANTEE. A Franchise granted under this Ordinance shall be effective upon written acceptance of the Franchise being filed with the Clerk of the City. The filing must take place within 30 days of the offer of the Franchise being made by the City.

    21.22 INCORPORATION OF AMENDMENTS. This Ordinance and a Franchise granted hereunder may be amended to incorporate amendments to the statutes, rules and regulations of the Federal government as they are promulgated by the Federal government. Any provision herein in conflict with or pre-empted by said rules, regulations or statutes shall be superseded.

    21.23 PROTECTION OF NONSUBSCRIBERS. A Grantee shall at all times keep its cables and other appurtenances used for transmitting signals shielded in such a manner that there will be no interference with signals received by radios or televisions not connected to the Grantee's service.

    21.24 GRANTEE RULES. A Grantee may 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 and to assure uninterrupted service to all its subscribers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions of this Ordinance or the laws of the State.

    21.25 WAIVER OF OBJECTIONS. By the adoption of this chapter, the City expressly waives all objections it has or may have to the legal rights of the Grantee to attach its cables, equipment and transmission lines to the poles of the City, pursuant to an agreement.

    21.26 GRANTEE WITHOUT RECOURSE. A Grantee shall have no recourse whatsoever against the City for any loss, cost or expense, or damage arising out of any provisions or requirements of a Franchise or because of the enforcement thereof by the City, or for the failure of the City to have authority to grant all or any part of the Franchise.

    Grantee expressly acknowledges that in accepting a Franchise it does so relying on its own investigation and understanding of the power and authority of the City to grant the Franchise.

    By accepting a Franchise, a Grantee acknowledges that it has not been induced to enter into the Franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City or by any other third person concerning any term or condition of the Franchise not expressed herein.

    The Grantee further acknowledges by acceptance of the Franchise that it has carefully read the terms and conditions hereof, and is willing to and does accept all the risks of the meeting of such terms and conditions.

    21.27 WORK PERFORMED BY OTHERS. (1) A Grantee shall give prior notice to the City specifying the names and addresses of any entity, other than the Grantee, that performs substantial services pursuant to the Franchise, provided, however, that all provisions of the Franchise remain the responsibility of the Grantee. All personnel of the Grantee or its subcontractors shall carry and display if requested a photo ID identifying themselves as representatives of the Grantee when performing services at subscriber locations in the City.

    1. All provisions of a Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of the Franchise.
  • CABLE TV FRANCHISE 21.28

  • 21.28 CONTEST OF VALIDITY. Grantee agrees by acceptance of a Franchise that it will not at any time set up against the City in a claim for proceeding any condition or term of the Franchise as unreasonable, arbitrary or void, or that the City had no power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of the Franchise in their entirety.

    21.29 CUSTOMER SERVICE STANDARDS. The Grantee shall maintain resources sufficient and near enough to the franchise territory to provide the necessary facilities, equipment and personnel to comply with this section and other provisions of this ordinance.

  • (1) Service standards. The Grantee shall render efficient service, make repairs promptly and interrupt service between the hours of 7 a.m. and 1 a.m. only for good cause and for the shortest possible time. Service may be interrupted between 1 a.m. and 7 a.m. for routine testing, maintenance and repair, except on nights commencing on Saturday and Sunday and on holidays. Scheduled or predictable service interruptions, except for weekly routine maintenance, insofar as possible shall be preceded by notice, which may be provided across the cable system. The interruptions shall occur during periods of minimum use of the system to the extent practicable. The Grantee shall maintain a written log or an equivalent capable of access and reproduction of all service interruptions and requests for service, which log shall be available for City inspection during the franchise period.

    (2) Telephone lines. The Grantee shall provide local toll-free or collect call telephone access to its subscribers within the franchise territory. Any calls should be answered by a customer service representative during Normal Business Hours; calls outside this period may be answered by an automated response mechanism, but such calls should be processed by a Grantee's representative on the next business day. The Grantee shall provide sufficient phone answering capacity that customer calls are answered on average within 30 seconds 90% of the time; and that customers receive a busy signal no more than 3% of the time 90% of the time on an overall basis. Violations of these standards shall be subject to penalties under provisions of Section 16.

    (3) Installation. The Grantee shall complete requests for subscriber installations within seven business days of order placement when the installation is within 150 feet of the existing cable system. Installation requests required to be honored under this ordinance beyond the 150-foot standard must be completed within 14 days. If the Grantee fails to meet these standards the Grantee shall provide the subscriber with a free month of the requested service. The Grantee may request the City toll these periods for reasonable circumstances beyond its control.

    (4) Repair standards. The Grantee shall maintain a repair force capable, under normal operating circumstances, of responding to service interruption and degradation complaints made during Normal Business Hours within four hours. For complaints made outside Normal Business Hours, the Grantee must respond within 16 hours. For the purpose of this subsection, "response" shall mean at a minimum contacting the subscriber by phone or in person. Where a Grantee misses either of these deadlines, Grantee must provide the subscriber with one free month's service. The Grantee may request the City toll the repair period for reasonable circumstances beyond its control.

    (5) Service call scheduling. When the Grantee needs to arrange an service appointment at a subscriber's location, the Grantee must offer the subscriber a service window not to exceed four hours in duration. Grantee may not cancel a service window without the subscriber's consent. Where a Grantee misses a service window, Grantee must provide the subscriber with one free month's service. The Grantee may request the City toll the service call period for reasonable circumstances beyond its control.

    (6) Service interruptions and significant degradation. When the Grantee has failed to provide a subscriber with appropriate service due to service outage or significant audio or video degradation not due to the subscriber's equipment or action, the subscriber may request a rebate of any fees paid for the affected service(s) under the following schedule, and the Grantee must provide such rebates. For the purposes of this section the outage or degradation period shall begin when the subscriber provides notice to the Grantee of the outage or degradation. The Grantee may request the City waive or modify the rebate provisions for reasonable circumstances beyond its control.

    CABLE TV FRANCHISE 21.29(6)(a)

  • (a) For periods at least four hours long but under 24 hours, a rebate of one-thirtieth of the monthly fee for affected services for each instance.

    (b) For periods of at least 24 hours, a rebate of one-tenth of the monthly fee for affected services for each 24-hour period or portion thereof.