A.    Telephone Service. The company shall provide sufficient customer service representatives and toll-free telephone line capacity to assure that during normal business conditions less than ten percent of all calls for service will receive a busy signal. Furthermore, during normal business conditions ninety percent of all calls for service will not be required to wait more than ninety seconds before being connected to a live telephone service representative. If the company installs an automated response unit, caller will have the option of electing a live representative and being connected to one within ninety seconds. The company will provide toll-free telephone customer service to handle after hours, weekends and holiday calls to report outages or other service problems.

    B.    Installations. The company will maintain an installation staff capable of performing standard installations within seven days.

    C.    Repairs. The company shall maintain a repair force of technicians capable of responding to subscribers' requests for service within the following time frames:

    1.    Within four hours, including weekends and holidays, for a system outage of all channels affecting at least ten subscribers of the system;

    2.    Within twenty-four hours, including weekends and holidays of receiving a request for service identifying an outage of all channels for any subscriber; and

    3.    Within forty-eight hours including weekends and holidays of receiving a request for service identifying a problem concerning picture or sound quality affecting any subscriber. Exceptions shall be made for major acts of God.

    D.    Planned Outages. The company shall limit to the shortest time possible any interruption of service for the purpose of maintaining, repairing, or upgrading the system. Preplanned interruptions in excess of four hours of all channels affecting a significant number of subscribers shall be preceded by notice to subscribers and shall occur during periods of lower subscriber viewing.

    E.    Records.

    1.  The company will maintain a written or computerized log itemizing all requests, written or oral, for service, service calls and known system or isolated outages. Such logs will be maintained for three years and be available to the city upon request. Such logs will show the identity of the subscriber, the nature of the complaint, the response and its date.

    2.    The city, upon reasonable notice of not less than ten business days, shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, service complaint logs, performance test results and other like materials of the company which relate to operation of the franchise and which shall be maintained at the local office serving the city provided they reasonably relate to the scope of the city's rights under this chapter, as amended, or the agreement, and provided further that city shall maintain confidentiality of any trade secrets or other proprietary information in possession of city, and provided further that records shall be exempt from inspection pursuant to this section to the extent required by applicable law regarding subscriber privacy and to the extent such records are protected by law against discovery in civil litigation.

    3.    If any of such books or records are not kept in the local office, the company will make them available to the city upon reasonable request by the city.

    F.    Refunds. The company will provide refunds or billing credits for verifiable or planned outages in excess of eight hours, upon written or oral requests of affected customers in the billing cycle immediately following such requests.

    G.    Response to City. The company will provide a written explanation of specific customer complaints to the city within five business days of a written request from the city.

    H.    Information to Subscribers.  The company shall provide each subscriber, at the time of initial subscription to the system, change of system or upon request the following:

    1.    Procedures for requesting service, resolving complaints regarding quality of service, defective equipment, refunds;

    2.    A complete listing of rates, fees and billing policies;

    3.    Telephone numbers for service and complaints, including after business hours telephone numbers; and

    4.    A channel card will be provided at time of installation upon request and upon each change in channel assignments.

    I.    Picture and Sound Quality. The company shall provide picture and sound element clarity consistent with Federal Communication Commission Standards for Cable Television Systems, Part 76 and as may be revised, published by Federal Communication Commission, Washington, D.C.

    J.    Channel Selection. The company, after receiving input from the city and its customers (including periodic surveys conducted at company's sole expense), will use its best efforts to provide a full range of programming services. The company shall provide channel selection availability comparable to that of the majority of similar-sized cable systems in the Foothill area.

    K.    Blocking. The company will provide, upon the request of any subscriber by sale, lease, or at no additional charge, a device by which said subscriber can prohibit viewing a particular service.

    L.    ID Cards. The company's employees and contractors who work in the field outside the TCI office will wear picture ID cards while working in the field.

    M.    Annual Reports. The company shall submit an annual report to the city showing the number of customers, changes in hook-ups, number of service complaints, progress with the system upgrade, future plans for added channels, new features, new projects, etc. At the city's sole discretion, a noticed public hearing may be held to review the performance and quality of service of the cable system and for compliance with the requirements of this chapter. (Ord. 496 § 2 (part), 1993)