§ 21-13. Customer service standards.

(1)

Office availability.

(A)

Walk-in hours.

1.

Each franchisee will maintain at least one (1) office at a convenient location within the city that will be open for walk-in traffic at least ten (10) hours per day (except legal holidays) Monday through Friday, with some evening hours, and at least four (4) hours on Saturday to allow persons to purchase, terminate or modify service, register complaints, pay bills, drop off equipment and to pick up equipment.

2.

Each office must be accessible to all persons, including the elderly and persons with disabilities. The office shall make available 1) adequate parking within reasonable proximity of the office and 2) sufficient covered waiting areas and adequate seating capacity in an air-conditioned space with access to bathrooms; and 3) adequate personnel to minimize consumer waiting time.

3.

The city may temporarily waive a franchisee's obligation to allow drop-off and pick-up of equipment if the franchisee offers free pick-up and delivery of equipment in a manner and at times convenient to customers.

(B)

Service call hours. Each franchisee will perform service calls, installations, and disconnects at least nine (9) hours per day Monday through Saturday, except legal holidays, provided that a franchisee will respond to service interruptions affecting five (5) or more subscribers within the same node twenty-four (24) hours a day, seven (7) days a week.

(C)

Penalty. A franchisee that fails to comply with sections 21-13(1)(A)-(B) or 1.2, or that violates the conditions of any waiver shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof the violation continues, except where the franchisee demonstrates that extraordinary conditions beyond its control prevented franchisee from performing.

(2)

Telephones.

(A)

Telephone hours.

1.

Each franchisee must have a publicly listed local telephone number under the name by which franchisee is doing business in the city. Customer service representatives must answer the phone twenty-four (24) hours a day, seven (7) days a week, for the purposes of receiving and responding to requests for service, inquiries, reports of service problems, and complaints; except that, the company may use an automated response unit or outsourced answering service during the period 10:00 p.m. to 8:00 a.m., so long as the system is set up so that the company can satisfy its obligation to respond to service interruptions.

2.

A franchisee that fails to comply with section 21-13(2)(A).1. or that violates the conditions of any waiver shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof the violation continues, except where the franchisee demonstrates that extraordinary conditions beyond its control prevented franchisee from performing.

(B)

Telephone answering time.

1.

Telephone answering time will not exceed thirty (30) seconds; and

2.

The time to transfer the call to a customer service representative (including hold time) will not exceed an additional thirty (30) seconds.

(C)

Busy signal. Under normal operating conditions, customers will receive a busy signal less than three (3) percent of the time, measured quarterly. The phrase "of the time" refers to the percentage of calls to a franchisee during normal operating conditions; thus if one thousand (1,000) persons call a franchisee, fewer than thirty (30) callers should receive a busy signal.

(D)

Standards.

1.

Under normal operating conditions, the standards set out in section 21-13(2)(B) must be met ninety (90) percent of the time, measured quarterly. The phrase "of the time" refers to the percentage of calls to a franchisee during normal operating conditions, so that if one thousand (1,000) calls are received by a franchisee during normal operating conditions, nine hundred (900) of those calls must be answered within the time limits specified in section 21-13(2)(B).

2.

A franchisee that fails to satisfy the requirements of section 21-13(2)(C) or 21-13(2)(D).1. in any quarter shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day in the quarter; provided that, a penalty will not be imposed for failure to satisfy the requirements of section 21-13(2)(B).2. if the franchisee transfers the call to a customer service representative in three (3) minutes or less ninety (90) percent of the time in any quarter.

(3)

Scheduling work.

(A)

Appointments. Franchisee may schedule appointments for service, installation, or disconnection for a specific time, a time block or, solely at the discretion of the person requesting service, installation or disconnection, "all day." Time blocks may not exceed four (4) consecutive hours in length. A franchisee may also, upon request, schedule appointments outside normal business hours, for the express convenience of the customer. These options shall be clearly explained to the customer at the time of scheduling.

(B)

Rescheduling appointments. If at any time an installer or technician anticipates that he or she will be late for an appointment and believes a scheduled appointment time will be missed, an attempt to contact the customer will be made immediately and the appointment rescheduled at a time convenient to the customer, if rescheduling is necessary.

(C)

Cancellation of appointments. A franchisee may not reschedule or cancel a service or installation appointment with a customer after the close of business on the business day preceding the scheduled appointment.

(D)

Meeting standards—Sections 21-13(3)(B)-(3)(C).

1.

Under normal operating conditions, an operator must satisfy each of the standards set forth in section 21-13(3)(B)-(3)(C) at least ninety-five (95) percent of the time, measured quarterly. The phrase "of the time" refers to the number of appointments.

2.

A franchisee that fails to satisfy section 21-13(3)(D).1. in any quarter shall be fined up to two hundred fifty dollars ($250.00) per standard violated, for each day in the quarter.

(E)

Rebates to subscribers for missed appointments. If franchisee misses an appointment, for each appointment missed:

1.

In the case of appointments for installations or service calls for which a fee was to be charged, the installation or service call must be provided free of charge; and

2.

In the case of appointments for installations or service calls for which no fee was to be charged, one (1) month of free service (or a credit equal to one (1) month's charge for service) for the two (2) most widely subscribed to service tiers.

(F)

Meeting standards—Sections 21-13(3)(A) and 21-13(3)(E). If a franchisee fails to comply with sections 21-13(3)(A) or 21-13(3)(E) it shall be subject to a fine up to two hundred fifty dollars ($250.00) per violation.

(4)

Service standards.

(A)

Acknowledging service requests. Requests for service, repair, and maintenance must be acknowledged by a trained customer service representative within twenty-four (24) hours, or before the end of the next business day, whichever is earlier.

(B)

Acknowledging other inquiries. A franchisee will respond to all other inquiries (including billing inquiries) within five (5) business days of the receipt of the inquiry or complaint.

(C)

Outages and service interruptions: response time. Repairs and maintenance for service interruptions must be completed within twenty-four (24) hours after the outage or interruption becomes known to a franchisee where the franchisee has adequate access to facilities to which it must have access in order to remedy the problem. The term "service interruption" means the loss of picture or sound or any other significant part of a signal on one (1) or more cable channels.

(D)

Other service problems. Work to correct all other service problems must be begun by the next business day after notification of the service problem, and must be completed within five (5) business days from the date of the initial request.

(E)

Time for extension. Except as a franchise otherwise provides, service must be extended upon request to any prospective subscriber in a franchisee's franchise area (i) within seven (7) days of the request, where service can be provided by activating or installing a drop; (ii) within ninety (90) days of the request where an extension of one-half (½) mile or less is required; or (iii) within six (6) months where an extension of one-half (½) mile or more is required. Personnel will attempt to call the person who scheduled the installation (or such other contact as the person may designate) between the hours of 5:30 p.m. and 8:00 p.m. on the day prior to any appointment as a reminder of scheduled installation work. If the call is not answered, franchisee shall attempt to make the reminder call the next morning, prior to the scheduled appointment time.

(F)

Service upgrades. Requests for additional outlets, service upgrades or other connections (e.g., DMX, VCR, A/B switch) separate from the initial installation will be performed within seven (7) calendar days after an order has been placed, unless otherwise requested by customer after the customer was offered an appointment during normal installation hours during the seven-day period.

(G)

Services to persons with disabilities. With regard to subscribers with disabilities, upon subscriber request, each franchisee will arrange for pickup and/or replacement of converters or other franchisee equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer), without a special charge.

(H)

Notice to city of service interruptions. Each franchisee shall notify the city manager or designee immediately if a service interruption affects fifty (50) or more subscribers for a time period greater than three (3) hours. The city manager, in his or her discretion, shall establish appropriate methods for the notification required herein, including any procedures for notification after normal business hours. A franchisee that fails to satisfy each of the standards in this section 21-13(4)(H) shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues. This section will not apply until the city provides franchisee with a written statement identifying who is to be contacted, and the telephone number to be called.

(I)

Meeting standards.

1.

Under normal operating conditions, each of the service standards set out in sections 21-13(4)(A)—(F) will be met at least ninety-five (95) percent of the time, measured on a quarterly basis. The phrase "of the time" generally refers to the number of requests/complaints received by the franchisee, so that if franchisee receives one hundred (100) requests for installation, at least ninety-five (95) of those requests must be scheduled and completed within the time limits specified. However, a reference to an event, such as an outage, is counted as a single occurrence, even though several subscribers may be affected, and multiple calls may be received about the same outage. If there are one hundred (100) outages, each affecting a different number of subscribers, ninety-five (95) of those outages must be completed within the time specified.

2.

A franchisee that fails to satisfy each of the standards in sections 21-13(4)(A)—(F) ninety-five (95) percent of the time in any quarter shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day in the quarter. A franchisee that fails to satisfy each standard in section 21-13(4)(G) may be fined up to two hundred fifty dollars ($250.00).

(5)

Disconnection and downgrades.

(A)

Voluntary termination.

1.

A subscriber may terminate or downgrade service at any time.

2.

A franchisee will disconnect from the franchisee's cable system or downgrade any subscriber who so requests within seven (7) business days. No charges for service may be made after the subscriber requests disconnection or downgrade. No period of notice before voluntary termination or downgrade of cable service may be required of subscribers by any franchisee. There will be no charge for disconnection, except for the collection fee authorized by state law, and any downgrade charges will conform to applicable law. This section does not apply to promotional contracts or bulk contracts where a subscriber received an actual discount from standard service rates for a multi-month contract, so long as (1) the disconnect fee plus the amount paid by the customer is no higher than the amount the customer would have paid for service actually received before the disconnect request at the company's prevailing rates for the service; (2) the disconnect fee was stated prominently and in writing, and provided to the customer before the customer began taking service; and (3) the subscriber was given the option of disconnecting without a disconnect fee within the first fifteen (15) days after subscriber began receiving the discounted service. A "bulk contract" is a contract for the provision of a service with a planned unit development or a multiple dwelling unit where a single bill is sent for the service, and the service requires payment of a discounted fee that requires subscription to the service by one hundred (100) percent of the living units within the development or multiple dwelling unit. The company must have offered to provide service on a non-bulk-contract basis to the planned unit development or the multiple dwelling unit.

3.

Any security deposit and/or other funds, including interest, due a subscriber that disconnects or downgrades service will be returned to the subscriber within forty-five (45) days from the date disconnection or downgrade was requested except in cases where the subscriber does not permit the franchisee to recover its equipment, in which case the amounts owed will be paid to subscribers within forty-five (45) days of the date the equipment was recovered.

(B)

Involuntary disconnection for non-payment.

1.

A franchisee may not disconnect a subscriber's cable service for non-payment unless:

(a)

The subscriber is delinquent in payment for cable service;

(b)

A written notice of impending disconnection, postage prepaid, has been sent to the subscriber after the due date of the bill, and at least ten (10) days before the date on which service may be disconnected, at the premises where the subscriber requests billing, which notice must identify the names and address of the subscriber whose account is delinquent, state the date by which disconnection may occur if payment is not made, and the amount the subscriber must pay to avoid disconnection, and a telephone number of a representative of the franchisee who can provide additional information concerning and handle complaints or initiate an investigation concerning the services and charges in question;

(c)

The subscriber fails to pay the amounts owed to avoid disconnection by the date of disconnection; and

(d)

No pending inquiry exists regarding the bill which the subscriber has failed to pay to which franchisee has not responded in writing, if the subscriber inquiry was in writing, or via telephone or in writing if the subscriber inquiry was via telephone.

2.

A subscriber is not delinquent in payment for a bill for cable service until after the date a late fee could be imposed on that bill.

3.

Service may only be disconnected on days in which the customer can reach a representative of the franchisee either in person or by telephone in order to settle the account.

4.

After disconnection (except as provided in section 21-13(5)(C) below), upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee will reinstate service within seven (7) days.

(C)

Immediate disconnection.

1.

A franchisee may immediately disconnect a subscriber if:

(a)

The subscriber is damaging, destroying, or unlawfully tampering with or has damaged or destroyed or unlawfully tampered with the franchisee's cable system;

(b)

The subscriber is not authorized to receive a service and is receiving it and/or is facilitating, aiding or abetting the unauthorized receipt of service by others; or

(c)

Subscriber-installed or attached equipment is resulting in signal leakage that is in violation of FCC rules.

2.

After disconnection, the franchisee promptly will restore service within seven (7) days after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and paid all proper fees and charges, including any reconnect fees and all amounts owed the franchisee for damage to its cable system or equipment. Provided that, no reconnection fee may be imposed on a subscriber disconnected pursuant to this article if the leakage was the result of the franchisee's acts or omissions; or in any case unless the franchisee notifies the subscriber of the leakage at least three (3) business days in advance of disconnection, and the subscriber has failed to correct the leakage within that time.

(D)

Compliance with other rules. With respect to any downgrade or disconnection whether requested or involuntary, each franchisee shall comply with the rules and regulations of the FCC and applicable law with respect to ownership, sale, removal and abandonment of home wiring. Failure to comply with such rules including, but not limited to providing notice requirements, shall be considered a violation of this chapter.

(E)

Meeting standards. A franchisee that fails to satisfy each of the standards in section 21-13(5) shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues.

(6)

Identification of employees and work; notices.

(A)

Identification of employees and work.

1.

Franchisee shall cause all of its field employees to wear a picture identification badge indicating employment by franchisee. This badge shall be clearly visible to the public. All company vehicles shall prominently display the name under which the franchisee is doing business, and logo, if any, in a manner clearly visible to the public. Contractor vehicles shall prominently display the contractor name, contractor license number, if applicable, and prominently display the franchisee's name. There must be a listed local telephone number for the names displayed.

2.

When any work is performed by or on behalf of the franchisee in the rights-of-way where the work involves cutting or trenching in the right-of-way, or requires more than one (1) hour to perform, each franchisee will post a sign that prominently displays the name under which the franchisee is doing business in the city, and franchisee's telephone number.

3.

The telephone number posted must be a local number. The phone must connect to persons trained to receive, and respond to calls regarding employees; construction and problems (including repair problems) associated with construction.

(B)

General subscriber notice. A franchisee will provide each subscriber at the time service is installed; at least once annually thereafter; and at any time upon request, clear and accurate written information:

1.

On how to use cable service;

2.

On placing a service call, filing a complaint, or requesting an adjustment (including when a subscriber is entitled to refunds for outages and how to obtain them);

3.

Showing the telephone number of the city office responsible for administering the cable franchise;

4.

Showing a schedule of rates and charges, channel positions, services provided, a copy of the service contract, delinquent subscriber disconnect and reconnect procedures; notifying subscribers of the availability of parental control devices, and the conditions under which they will be provided and the cost (if any) charged;

5.

Identifying discounts offered (other than discounts offered under bulk contracts as defined in section 21-13(5)(A).2.), and describing conditions that must be met to qualify for discounts;

6.

Identifying where and how payments can be made, and describing late charge practices.

7.

Describing any other of the franchisee's policies in connection with its subscribers, including but not limited to its privacy policies; and

8.

Describing any services, or specialized equipment available to subscribers with disabilities; explaining how to obtain them; and explaining how to use the same.

(C)

Notices in bills.

1.

Each bill shall prominently display the number to be called for billing and for other complaints, and for refunds and rebates, and must identify the address to which bills should be mailed, and the local addresses for in-person bill payments.

2.

Each bill shall prominently display the name of the city office responsible for regulating cable on the bill. The information shall be placed and described so as to clearly distinguish it from information regarding the franchisee.

(D)

Changes in noticed information. Each franchisee will provide the city at least sixty (60) days written notice, and all subscribers at least thirty (30) days written notice of any material changes in the information required to be provided under section 21-13(6)(B), except that, if federal law establishes a shorter notice period and preempts this requirement, the federal requirement will apply; and if federal law preempts the requirement for written notice in certain cases, this provision will require that the franchisee use another reasonable method for providing notice to the extent the written notice requirement is preempted. To be reasonable, franchisee must be able to demonstrate that each subscriber responsible for making pertinent decisions had actual knowledge as to the means by which notice would be given; and that the franchisee had some valid, empirical basis for concluding that notices so given were being received and understood by subscribers.

(E)

Notices provided to city. Each franchisee shall provide the city with copies of all notices provided to its subscribers. If notice is given by some means other than in writing, the city must be provided a copy of the notice, as given. For example, if notice was given via the cable system, a tape of the notice must be provided to the city. Further, the city must be advised precisely how and when the notice was provided. If notice was provided on particular channels, the city must be told what channels were used.

(F)

Accuracy of notices. Each franchisee must take appropriate steps to ensure that all written franchisee promotional materials, announcements, and advertising of cable service to subscribers and the general public, where price information is listed in any manner, clearly and accurately discloses price terms. In the case of telephone orders, a franchisee will take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers in advance of taking the order.

(G)

Negative options prohibited. A franchisee shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. A subscriber's failure to refuse a cable operator's proposal to provide such service or equipment is not an affirmative request for service or equipment. A subscriber's affirmative request may be made orally or in writing, but it is the franchisee's burden to show that the affirmative request was made, and to retain records sufficient to prove that the affirmative request was made. This section shall be read to require affirmative subscriber consent to take service whenever there is a fundamental change in the nature of an existing service or tier of service being received by a subscriber.

(H)

Public inspection file. Each franchisee will maintain a file, available for public inspection during the hours its office is open to the public; containing all notices provided to subscribers under these customer service standards, as well as all promotional offers made to subscribers. The notices and offers will be kept in the file for at least one (1) year from the date of such notice or promotional offer.

(I)

Meeting standards. A franchisee that fails to satisfy each of the standards in section 21-13(6) shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues.

(7)

Billing; credits.

(A)

Prorated billing. A franchisee's first billing statement after a new installation or service change will be prorated as appropriate and will reflect any security deposit.

(B)

Billing statement.

1.

A franchisee's billing statement must be clear, concise, and understandable; must itemize each category of service and equipment provided to the subscriber; and must state clearly the charges therefor.

2.

A franchisee's billing statement must show a specific payment due date not earlier than the later of:

(a)

Fifteen (15) days after the date the statement is mailed; or

(b)

The tenth (10th) day of the service period for which the bill is rendered.

3.

If the franchisee charges a late fee or administrative fee, the bill must show the date after which the fee will be imposed, and the amount of the fee.

(C)

Late fee: timing, notice and amount.

1.

A late fee or administrative fee (collectively referred to below as a "late fee") may not be imposed for payments earlier than twenty-five (25) days after the due date specified in the bill, or the date after which all service provided under the bill has been rendered, whichever is later.

2.

A late fee may not be imposed unless the bill clearly provides the subscriber the notice required by section 21-13(7)(B).

3.

The date prior to the date the late fee will be imposed must be a date on which the local office is scheduled to be open, and on which mail will be delivered.

4.

The late fee charged may not exceed fifteen (15) percent of the bill that portion of the bill which is past due and on which a late fee may be charged.

(D)

Franchisee's billing errors. Subscribers will not be charged a late fee or otherwise penalized for any failure by a franchisee, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. Payments will be considered timely if received by mail by 6:00 p.m. on or before the date the late fee would otherwise be due and if payment is made in person at any time up to the time the local office is closed on or before the date the late fee would otherwise be due.

(E)

Payment by mail or in person. A franchisee must permit a subscriber to remit payment by mail or in person at the franchisee's local office.

(F)

Credit for service impairment.

1.

A subscriber's account will be credited a prorated share of the monthly charge for the service upon request if a subscriber is without service or if service is substantially impaired for any reason for a period equal to or exceeding three (3) hours during any twenty-four-hour period; or automatically if the loss of service or impairment is for twenty-four (24) hours or longer.

2.

A subscriber shall be deemed to have requested a credit if the subscriber requests a credit or complains about a service interruption within forty-five (45) days of the outage.

3.

A subscriber will be deemed to have requested a credit unless at least quarterly each subscriber is sent a notice with the following text, prominently displayed: "WE ARE REQUIRED TO GIVE YOU A CREDIT IF YOUR SERVICE WAS OUT OR IMPAIRED FOR THREE (3) HOURS OR MORE DURING ANY DAY. YOU MUST CALL US OR WRITE US TO REQUEST THIS CREDIT WITHIN 45 DAYS OF THE DATE OF THE SERVICE OUTAGE OR IMPAIRMENT."

(G)

Impairment caused by subscriber. A franchisee need not credit subscriber where it establishes that a subscriber will obtain a refund for a loss of service or impairment caused by the subscriber or by subscriber-owned equipment (not including, for purposes of this section, in-home wiring installed by the franchisee). The franchisee bears the burden of proving that the service loss or impairment was caused by the subscriber.

(H)

Refunds and credits; timing. Refunds and credits for service will be issued no later than the next billing cycle of the customer following the determination that a credit is warranted.

(I)

Meeting standards. A franchisee that fails to satisfy each of the standards in section 21-13(7) shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues.

(8)

Deposits. A franchisee may require a reasonable, non-discriminatory deposit on equipment provided to subscribers. If deposits are placed in an interest-bearing account, franchisee will return the deposit, plus interest earned to the date the deposit is returned to the subscriber, less any amount the franchisee can demonstrate should be deducted for damage to such equipment. The deposit must be returned within forty-five (45) days of the date the equipment is returned. A franchisee that fails to satisfy the standards in this section 21-13(8) shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues.

(9)

Duty of franchisee to maintain adequate staff and equipment.

(A)

Adequate staff. The failure of the franchisee to hire sufficient staff or to properly train its staff will not justify a franchisee's failure to comply with any provision hereof.

(B)

Adequate equipment. Franchisee must have sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and the trained and skilled personnel required so that franchisee complies with each and every requirement of applicable law, including applicable customer service requirements, technical standards, maintenance standards and requirements for responding to system outages. This includes the facilities, equipment and staff required to: (i) properly test the system and conduct an ongoing and active program of preventive maintenance and quality control; and (ii) be able to quickly respond to customer complaints and resolve system problems.

(C)

Measurement. The franchisee must install and maintain equipment necessary to measure its performance with applicable customer services standards that the city may adopt from time to time after providing franchisee opportunity to comment; except that franchisee may obtain relief temporarily from this requirement if it shows that (i) it has a high level of subscriber satisfaction; (ii) there are alternative, adequate ways to review its performance; or (iii) for other good cause shown.

(D)

Trained staff. Knowledgeable, qualified representatives shall be available to respond to customer telephone inquiries, in, at minimum, English, and Spanish languages during the hours the office is required to be open under section 21-13(1)(A). Any automated answering equipment will provide at least English and Spanish-language alternatives. After hours, if the franchisee uses persons to answer the phone, it will use its best efforts to provide at least English and Spanish-speaking alternatives. When service calls are scheduled by a customer speaking Spanish, franchisee shall offer to have the service call made by a person speaking Spanish.

(E)

Meeting standards. A franchisee that fails to satisfy the standards in this section 21-13(9) shall be fined up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues.

(10)

Enforcement.

(A)

City manager or his designee authorized to enforce. The city manager or his designee is authorized to enforce this chapter and to resolve any disputes arising under it.

(B)

Relief from obligations. Notwithstanding the requirements of this article, the city manager or his designee is authorized to temporarily relieve a franchisee of its obligations under this article if:

1.

Franchisee shows that there is an alternative standard that is substantially similar to that established by this article;

2.

City manager or his designee determines that there is sufficient competition among cable operators that renders application of these standards unnecessary; or

3.

City manager or his designee determines in light of the number of subscribers served by a franchisee, that the requirements of this article are, unduly burdensome and there is an alternative way to protect the same interests, and the affected franchisee is willing to implement that alternative.

(C)

Reports.

1.

In addition to the reports required by section 21-45(2) of the City's Code of Ordinances, each franchisee shall submit a report within fifteen (15) days of the end of each calendar year showing for each applicable customer service standard, set forth in sections 21-13(1)—(4) the franchisee's performance with respect to that standard for each quarter of the preceding year. In each case where franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance.

2.

Each franchisee shall maintain records sufficient to show whether the franchisee has complied with each customer service standard that applies to it.

3.

Each franchisee shall prepare additional reports regarding its compliance with the standards set forth herein upon the request of the city, and shall produce books and records that the city requests in connection with its review of the franchisee's compliance with any of the provisions hereof.

4.

A franchisee shall take all reasonable steps required so that it is able to provide reports, books and records to the city, including by providing appropriate subscriber privacy notices. Each franchisee shall be responsible for redacting data that applicable law prevents it from providing to the city. Nothing in this section shall be read to require a franchisee to violate state or federal subscriber privacy laws.

(D)

A franchisee that fails to satisfy the standards in this section 21-13(10) shall be fined an amount up to two hundred fifty dollars ($250.00) per violation, for each day or part thereof that the violation continues.

(11)

Normal operating conditions. The term "normal operating conditions" shall have the meaning specified in FCC rules provided that, in the event that a franchisee provides customer service via a center that serves multiple communities, and events, such as an outage, occurs in the other communities but not in Coral Springs, conditions will be deemed to be "normal operating conditions" for purposes of determining compliance with this chapter. It is the franchisee's burden to prove that a period was not one where "normal operating conditions" existed. Absent proof satisfactory to the city, each period will be deemed to be a period where "normal operating conditions" apply. Each franchisee must maintain records sufficient to show that a particular period was not a period where "normal operating conditions" existed in the city.

(12)

Abnormal operating conditions. When normal operating conditions do not exist, a franchisee will satisfy its obligations in the shortest time possible.

(Ord. No. 2000-134, § 1, 1-2-01)