§ 17-210. Complaint procedure.

(a)

The city manager or the city manager's designee is specified by the city as having primary responsibility for the continuing administration of a license and implementation of complaint procedures.

(b)

A grantee shall maintain a central office within the county which shall be open during all usual business hours, have a publicly listed telephone with a toll-free number and sufficient lines and be so operated that complaints and requests for repairs, billing or adjustments shall be received on a twenty-four-hour basis.

(c)

A grantee shall maintain a repair and maintenance crew capable of responding to subscriber complaints or requests for repair service within twenty-four (24) hours after receipt of the complaint or request. To the extent provided by federal law; no charge shall be made to the subscriber for this service, unless such maintenance or repair is required as a result of damage caused by subscriber. A grantee may charge for service calls to the subscribers' homes that are not the result of cable failure upon approval of a rate and equitable procedure by the city, as provided by federal law.

(d)

In the event of a natural disaster such as a hurricane, tornado or other act of God beyond the grantee's control which causes severe damage to the cable system, the grantee shall be entitled to thirty (30) days in which to make necessary repairs to the system. In the event that thirty (30) days is insufficient time due to the magnitude of the natural disaster, the grantee may seek an extension of time from the board of city council members; an application for extension shall be made prior to the end of the initial thirty (30) days and shall be made in writing addressed to the city manager.

(e)

A grantee shall establish procedures for receiving, acting upon and resolving subscriber complaints. A grantee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system.

(f)

A grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint ant the time and date thereof. This log shall be made available for periodic inspection by representatives of the city manager. All service complaint entries shall be retained on file for a period consisting of the most recent three (3) years.

(g)

When there have been similar complaints made or when there exists other evidence which, in the judgment of the city manager, casts doubt on the reliability or quality of cable service, the city manager shall have the right and authority to compel a grantee to test, analyze and report on the performance of the system. Such report shall be delivered to the city manager no later than fourteen (14) days after the city manager formally notifies the grantee and shall include the following information: The nature of the complaints which precipitated the special tests; what system component was tested, the equipment used and procedures employed in said testing; the results of such tests and the method in which said complaints were resolved.

(h)

The city manager may require that tests and analyses shall be supervised by a professional engineer not on the permanent staff of a grantee. The aforesaid engineer should sign all records of the special tests and forward to the city manager such records with a report interpreting the results of the tests and recommending sections to be taken by a grantee and the city.

(i)

The city's right under this section shall be limited to requiring tests, analyses and reports covering specific subjects and characteristics based on said complaints or other evidence, when and under such circumstances as the city has reasonable grounds to believe that the complaints or other evidence requires that tests be performed to protect the public against substandard cable service.

(j)

A grantee shall furnish a notice to subscribers of their right to a refund for any loss or interruption of service at the time of initial subscription to the system and upon any disruption of service for forty-eight (48) hours or more.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)