HomeMy WebLinkAboutItem 7.1 TCICommA&EChannel (2)
CITY CLERK
File # [l][{l]~[?l]-~~
AGENDA STATEMENT
. CITY COUNCIL MEETING DATE: (January 21,1997)
SUBJECT: Response From TCI Communications, Inc. Regarding Restoration of Arts &
....0 I Entertainment Channel and Status of System Upgrade Construction Schedule
.,..,. (prepared By: Paul S. Rankin, Assistant City Manager)
EXIllBITS ATTACHED:
1. . Letter dated January 8, 1997 from Mayor Houston to Mr. Jedd
Palmer, V.P. Programming - TCI
2. Letter dated January 15, 1997 from Tom Baker, Tri-Valley TCI
General Manager
3. Excerpt From Section 79.964 of the FCC Regulations
4. Section 53088 California Government Code (Video Customer
Service Act)
5. Draft Waiver of Notice of Changes In Programming
6. Excerpts from Chapter 3.20 Dublin Municipal Code
'COMMENDATION: 1 )Receive the Staff report; 2)Provide an opportuoity for Tom Baker,
r-7 J Arx-- General Manager TCI to provide any supplemental information; 3)
\VVXU Authorize the letter related to the waiver of the 30 day notice; 4)
Determine whether TCI has provided adequate information related
to the status of the upgrade; 5) Provide Staff with direction as to any
further actions desired.
FINANCIAL STATEMENT:
Customers will receive a $0.43 credit on the next bill.
DESCRIPTION: The City Council requested an item on the January 21, 1997 agenda,
to allow for a response from TCI, related to problems encountered by Dublin Subscribers as well as a
schedule for the required upgrade of the cable television system provided by TCI in Dublin.
At the City Council Meeting of January 7, 1997, the City Council considered issues related to recent
changes by TCI in the programming offered to Dublin subscribers. TCI had implemented changes in
programming without notice to the subscribers. In addition, the Arts & Entertainment (A&E) channel was
eliminated from the package offered to subscribers in the cities of Dublin and San Ramon. In place of
A&E TCI began to broadcast Bay TV. TCI had a contractual obligation with the parent company of Bay
TV (KRON), to include the Bay TV programming on the Dublin system. Due to the fact that TCI had not
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Jedd Palmer, TCI Corporate V.P - Programming .", 4
ITEMNO.~
Wcc-forms/agdastmt.doc
completed a system upgrade in Dublin, sufficient channels were not available to accommodate their Bay
TV obligation without eliminating another channel. In addition, the Bay TV broadcast had technical.
difficulties which made it impossible to view the station.
A letter dated January 8, 1997 was mailed to Mr. Jedd Palmer, TCI Vice President of Programming. .
(Exhibit 1) Information presented on January 7, 1997 by Tom Baker, Tri-Valley General Manager
indicated that decisions affecting the local operation were not made entirely at the local level. It was
indicated that the local Manager has input, however, the final decisions were made by corporate officials
in Colorado. The letter summarized the issues and concerns expressed at the previous City Council
meeting. The City requested a response from TCI by January 15, 1997 addressing the following: 1) A plan
to restore A&E in Dublin prior to the system upgrade; and 2) An update on the status and schedule for the
construction of the Dublin upgrade. In accordance with City Council direction TCI was also placed on
notice that the City Council will consider an Annual Review of Performance as provided for in Section
3.20.330 of the Dublin Municipal Code.
Response By TCI Regarding Restoration of A&E
Exhibit 2 is the response provided to the City regarding the issues addressed at the City Council meeting
on January 7, 1997. As indicated in item 1 of Mr. Baker's letter, TCI has stated that they have a plan to
restore A&E as early as the end of January.
In order to accommodate this change it will be necessary to eliminate a channel currently carried on the
Dublin and San Ramon systems. TCI has decided to eliminate the programming currently carried on
ChannelO. This is a shared Channel which includes CSPAN 2 and the California Channel. In the
evening the Channel carries the Playboy programming, which is a premium pay television service.
Regulations Regarding Notice .
In order to accommodate the proposed change TCI is requesting that the City of Dublin waive the ..
requirement for 30 day written notification. The notice is to be issued by the operator when changes are
made in programming. This notice relates to the proposed deletion of the shared channel containing
CSP AN 2/ California Channel/and Playboy and the addition of A& E.
Attached as Exhibit 3 is a copy of the FCC regulation. The operator is to provide written notice to both the
subscribers and the franchising authority. Subsection (b) states that the notice to subscribers may be done
in accordance with reasonable means as determined by the cable company. An alternative notification
means is not provided for notification to the Franchising Authority. Staffhas spoken with FCC
representatives and was advised that the FCC leaves enforcement responsibilities for this provision up to
the franchising authority. The City is the franchising authority.
Staffhas also noted that pursuant to State Law in Government Code Section 53088 (Exhibit 4), TCI has
an obligation to provide written notice of changes in the channels provided. In addition to the notice to
customers the firm is required to make every reasonable notice to the City in advance of the customers.
The enforcement provisions of this law are primarily in the form of penalties. Penalties may only be
assessed under this section if the City has an ordinance in place and the City of Dublin has not enacted
this type of measure.
At the previous City Council Meeting, the City Council expressed significant interest in having the A&E
Channel restored. Therefore, Staff has provided a Draft Notice (Exhibit 5) which would indicate that that
the City acknowledges the proposed changes to restore A&E. Further, the City would waive any notice
requirement the Company has to provide 30 days notice of the change. As indicated in Mr. Baker~letter ,;'
following approval of this waiver they will contact their Playboy subscribers.
.
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Customer Credit For Failure of B~ TV to Broadcast Clear Picture
As explained in Exhibit 2, TCI will provide a $0.43 credit on the next billing for customers receiving the
.Satellite Value Package. The purpose of the adjustment is to account for the period of time that Bay TV
programming could not be viewed by iocal subscribers. As explained at the previous meeting this was
due to an equipment failure of transmission equipment operated by Bay TV. The calculation of the credit
. based an allocation of the daily per channel cost for the number of days that Bay TV was not
operational. The amount represents approximately one-half months credit.
Lack of Notice Regarding Changes
In Mr. Baker's response he indicates that the firm provided a "small notice in the newspaper" which they
acknowledge was inadequate. Staff does not believe that this would meet the requirements of state and
federal regulations. As stated in the FCC regulations TCI is supposed to include the following
information: (1) Each Channel added or deleted must be listed separately; (2) A notice of the right to file
complaints; and (3) The Address and phone number of the franchising authority. This notice as stated
earlier is to be provided to customers as well as the franchising authority. The changes enacted on
December 30, 1996 clearly violated these conditions. The City as franchising authority was only provided
information after the change was made.
In addressing the provision of new channel cards, Mr. Baker was unable at the time of the preparation of
this Staff report to advise as to when new channel cards would be distributed to Dublin customers. Mr.
Baker indicates that changes were made throughout systems operated by the parent corporation, and they
utilize a centralized distribution center. Therefore, their contractor was delayed in distributing the direct
mail pieces.
Construction Schedule
.AS noted in the communication to TCI officials, TCI was to provide an upgraded system capable of
oviding expanded programming no later than December 31, 1997. This was a material factor in the
granting by the City of Dublin of a Change of Control Agreement, when TCI purchased the operations
from Viacom. In Mr. Baker's response, information related to the construction schedule and timing was
not provided and it is suggested that the City may wish to contact corporate officials. Staff did attempt to
reach TCI officials in Colorado. The request was directed from Mr. Palmer's office to a Customer Service
Specialist who reviewed the matter and consulted with TCI legal department. She then advised the City
that the information requested could be provided by Tom Baker, General Manager TCI Tri-Valley.
It may be possible for the City to evaluate further potential for legal action in the event that the actions of
TCI create an appearance that they do not intend to meet the obligations of their Agreement with the City
of Dublin. This issue would require further review by the City Attorney. Given the extent of an upgrade
project and that we are approximately 11 months away from the stated completion date it would seem
reasonable that TCI should be capable of providing information such as the following:
(a) What is the estimated construction time frame to be included in the contracts?
(b) What is the status of securing a location for the "head-end" site?
(c) What is the status of construction documents related to this project? (Both the "head-end" and
transmission lines.)
City Council Decision Regarding Further Review Of TCI Franchise Compliance
~ previously not~d section 3.20.330 (Exhibit 6) of the Municipal Code, allows the City to require the
.mpany to submIt to an Annual Review of the Company Performance. In addition Staff has attached
other pertinent sections in the Municipal Code related to reporting requirements.
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The City Council will need to determine whether they desire to conduct an Annual Review of TCI
performance. As indicated in the Code, this must occur within 90 days of the anniversary date.
Therefore, the hearing would need to be conducted by the end of March. Given other Staff assignments,
Staff would recommend that the hearing be scheduled for March 18, 1997, if one is to be conducted. Prior
to that date Staff would need to provide the Company with a list of documents to be provided. The Staff
would need time to review the submittal and prepare the report. .
The City Council may also wish to consider whether Staff should develop an ordinance in accordance
with California State Law providing for a schedule of penalties in the event that the Company in the
future violates the legal standards as defined in the regulations. Exhibit 4 beginning with Section
53088.2(q), explains how these penalties are applied. The City Franchise Agreement only provides for a
$100 per day penalty. If an ordinance were enacted under State Law a penalty of up to $200 per day is
allowed, with a credit for any amount paid under the local contract provision. In addition, the State Law
has provisions for increasing the penalty, in the event of multiple violations within a 12 month period.
In accordance with the state law the City is required to give 30 days notice of the breach arid the
assessment cannot occur until such time as the 30 day period has lapsed and the breach has not been
modified. It is clear that this requirement is difficult to impose in a situation where the fIrm has violated a
30 day noticing requirement.
. Conclusion
It is recommended that the City Council take the following action:
1) Receive the Staff report.
2) Provide an opportunity for Tom Baker, General Manager TCI to provide any supplemental information, .
which was not available at the time the Staff report was prepared.
3) Authorize the letter related to the waiver of Notice by the City as the Franchising Authority, in order to
make the changes necessary to reinstate Arts & Entertainment.
4) Determine whether TCI has provided adequate information related to the status of the upgrade
construction. Ifnot, provide Staff with additional information related to the information required and/or
direct the City Attorney to evaluate potential courses of legal action.
5) Determine whether there is a desire to pursue an annual performance review as specified in the
Municipal Code. In the event that this alternative is selected, it is suggested that the date of the hearing be
established as March 18, 1997.
6) Determine whether the City Attorney should prepare a draft ordinance for consideration at a public
hearing, which would establish a penalty schedule as allowed under the State law.
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1anllll1)' 8, 1997
Mr.1edd Palmer, Vice President of Programming
TCI Communications, lnc.
T elTace Tower II
5619 DTC Parkway
Englewood, Colorado 80111
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!..r'( 11(;\ I '1~'
RE: Deletion of A& E and Changes Without Notice and Re'l.uest For Response
Dear Mr. Palmer:
This leller is written on b<:half of the Dublin City Council and our constituents to address recent changes
by your finn affecting our constituents. The City Council considers the actions taken by your firm to be
eXlrcm~ly serious and the resolution needs to b<: inunediately addressed.
BACKGROUND
The City of Dublin is located approximately 35 miles east of San Francisco. Although this area close to a
major metropolitan area, uni'l.ue tenain makes standard results in an extremely limIted opportunity for off-
air reception of television signals. Therefore, it is asswned that your records wduld support the existence
of a very high ratio of subscribers to total households. As an area with a high penetration rate it is also
asswned that this operation also b<:neflts the revenue base ofTCI in a greater proportion than areas with a
lower penetration rate. Recent actions by your Company have been perceived as capricious and without
any regard for the interest of your customers in the City of Dublin.
CHANGES RFSPONSIBLE FOR THIS COMMUNICATION
The Tri-Yalley TCI operation instituted several progranuning changes on Decemb<:r 28, 1996, without
notice to public officials, the press, or their customers. These changes included the following: I) The
complete elimination of Arts & Entertaimnent (A&E) from the list of programming oITered to residents in
the cities of Dublin and Snn Ramon; 2) TIle rell1TlU1gement of channel assigrunents affecting 8 of the 38
chwmels available in the City of Dublin Satellite Value Package, which is the most popular tier; and 3)
The addition of Bay TV in lieu of A&E.
The City Council also received the following public testimony related to TCI services: I) The BAY TV
replacement broadcast is not functioning properly and therefore, the customers have actually experienced
a true decrease in the nwnber of channels provided; 2) The General Manager explained that the final
decision on selection of progranunlng is not made at his level; 3) Residents cn1ling to the Company to
express a complaint regarding the service changes, in some cases felt that TCI representatives were
discourteous or provided inaccurate information. (For el<llll1ple, among the calls received by the City
were comments from residents that were told by TCI representatives that the City was responsible for the
changes. In addition, it was indicated that residents were told that TCI had discontinued plans for a
system rebUild and upgrade in the City ofDublin.); 4) Residents in some cases indicated a degradation of
signal quality since the system was ac~uired by TCI. All of these situations reflect on the value your firm
places on providing good customer service.
.
EXPLANA nON BY TRI-V ALI.RY GENERAL MANAGER
Mr. Tom Baker, explained that the elimination of A& E was prompted by contractual retransmission
agreements TCI had with KRON-TV (San Francisco NBC affiliate). It was indicated that the Agreement
required the broadcast of Bay TV effective 1anuary I, 1997. This substitution was only necessary in
Dublin and San Ramon, since system upgrades providing additional channel capacity are incomplete.
Mr. Baker was unable to respond as to contractual obligations with KRON and whether consideration had
been given to providing a delay of the launch of Bay TV in Dublin and San Ramon, until the chwmel
capacity is available. The explanation provided also brings to light the significantlnck of consideration
by TCI in informing the City of Dublin and its customers that this situation existed. It would seem
reasonable to asswne that the contract obligation was information known to your firm, long before
December 28, 1996 when customers literally woke up and fOWld A&E replaced by Bay TV. Further, Mr.
Baker explained that the broadcast of Bay TV was experiencing technicn1 difficulties due to equipment
failure. It was indicated that a correction was still severn! days away and there was not any guaranteed
date as to when this problem would be fixed.
Mr. Baker explained to the City Council that it was the intent ofTCI to fully abide by the terms of the
Change ~fCon~ol Consent Agreement approved by the City on 1anuary 4, 1996. TCI agrees to complete
the Dublin portion of the volWltary system upgrade and offer expanded programming not later than
DecemGer 31, 1997. Mr. Baker was unable to provide specific dates for the process and there were not
substantial details as to the status of the project. Since the City has granted the Change ofCo~trol
Agreement based materially upon the commitment to upgrade the system, it is of utmost importance for
the City to Wlderstand the status of this project. In the event that it appears that your response indicates
tha.t ~e City ~ ~ticipate breach of the agreemenl, we may need to further evaluate possible legal action.
This ISsue as.de, It would appear that one option for your Company to demonstrate good will towards its
customers in this area is to escalate the schedule for the upgrade.
Mr. Baker also has provided a list of stations which could have alternatively been eliminated in lieu of
A&E. It was explained that there may be contractual restrictions on some programs. It would appear that
perhaps your company could make a different selection than the removal of A&E. It is our position that
the [mancial revenue incentives to TCI should not be a major decision factor for TCI given the following:
!)The ch~ge ,,?Il be a short term (i.e. less than one year) situation asswning that a chwmel capacity
mcr~ase IS oblnincd from the systcm upgrade. 2) TI1e Company has shown a complete disregard to its
public customers as well as the franchising authority by proceeding with changes without notice and/or
any opportunity for public conwen!.
Therefore. it is our PQsilion lhat your Company should make an effort to remedy its recent shortfalls with
an action which will compensate Dublin customers for its actions. As stated earliec, in addition to the
alternative of selecting another station for elimination it would seem appropriate for TClto pursue at its
sole expense either: a renogotiation of the retransmission agreement with KRON' and/or a substantial
escn1ation in the scheduling of the system upgrade. '
Action The City of Dublin Requires
The City COWlcil has re'l.ucsted ~ report to be included on the next City Council agenda of 1anuary 21,
1997. Ino~der for our Staff to dIStrIbute the agenda information as re'l.uired by California Jaws regulating
public meetings, our Stalfwill re'l.uire aresponse no later than January IS, 1997. The following issues
must be addressed by that time: I
I) TCI shall respond with a plan to reinstate A&E to the Satellite Value Package without waiting for
tile completion of the system upgrade.
2) TCI shall provide the City with information related to the status and schedule for the construction
of the system upgrade.
This information shall be submitted to Paul S. Rankin, Assistant City Manager I Administrative Services
Director at 100 Civic Plaza (post Office Box 2340), Dublin California, 94568. The City COWlcil has
indicated that if this is not resolved by 1anuary 21,1997 that they will proceed with an Annual Review of
Performance as provided for in Section 3.20.330 of the Dublin Municipal Code.
At the time of the franchise transfer approximately one year ago, the City was presented with information
from TCl representatives about the interest the Company had in providing a high level of services and
commitment to our community. As the Chief Executive orTel, we await your actions to demonslrate that
TCI is capable of quickly repairing the damage it caused to its Dublin customer base.
Sincerely,
F~\Q. C.of~
Guy S. Houston
Mayor
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City CouncHmembers
Mayor and City COWlcil City of San Ramon
Tom Baker, General ManagerTCI - Tri Yalley
Amy McCombs,Presidcnt I General Manager KRON Television 1001 Van Ncss, S.F. 94109
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January 15, 1997
CITY OF DUBlIl'f
JAN 16 1997
fINANCE DEPT.
RE~El~ED
City of Dublin
Attn: Paul S. Rankin
Assistant City Manager
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Rankin:
Selow find the Information we discussed this evening_ This Jetter will address four major concerns
brought up by in" Oily ot Oublln. 'Tl1e;1 t1rt:1: 1. the ^am ctttingo a. Tho Bay-TV algrllll quality Q, Th.
laok of notice and 4. Our channel expansion plans.
1. The A&E Channel. As you very well know, A&E was dropped for Bay~TV, a local regional news and
infonnation channel produced by KRON-4. This has resulted in many calls to both your offices and ours
from the Dublin community, expressing displeasure with this change. Our customers' overwhelming
response in the fonn of letters, e-mails, and phone calls has prompted US to re-examine our decision.
We have developed a plan to restore A&E to the Dublin/San Ramon lineup.
As I explained at last week's council meeting, we are hampered by the limited channel capacity in .
Dublin_ TCI. as the cable operator, must make difficult decisions with regards to its lineup because we
must try to appeal to the widest possible array of customers while, at the same time. adhering to tne
federal must carry/retransmission consent requirements. These requirements dictate that we carry 17
channels whether we want them or not. As of January 1,1997, we are required to carry Bay-TV as a
condition of carrying KRON-4. This contractual arrangement was entered into by Viacom in 1993 and
Tel must live with the conditions of that contract as the new owner of the cable system.
We looked at all pOSSible alternatives to restoring A&E to our lineup. but each one involved the removal
of another popUlar satellite delivered station because we still are obligated to carry Bay-TV. We have
decided to remove CSpan2, The Califomia Channel, and Playboy, which now are carried on channel 0
and reinstate A&E. A&c wlll be restored to the Dublln/5an Ramon lineup before the end of this month,
contingent upon three things occuning: 1) Tel requests a written waiver by the City of San Ramon that
will allow us to add A&E, remove CSpan2, the Califomia Channel, and the Playboy Channel from
Channel 0 without the prescribed 30 day notification to our customers. 2) a written waiver by the City of
Dublin with the same condition 3) after the first two conditions are satisfied, we need several day's time
for our internal customer service to contact our Playboy customers to inform them of the discontinuation
of this service. If these three things don't occur, then we are obligated to give 30 day notification and the
change will not occur until Mar 1, 1997. While we understand that dropping PlaybOY and cSpan2 will
make another fadion ot our customer base unhappy I we felt the ovelWhelming public support for A&E far
outweighed this consideration. A&E will be restoted on channel 19. Bay-TV wiII move to channel 0 (on a
Zenith box). If and when the must cany rule is overturned, we will strongly consider readding those
services at that time.
Tel Qt CciUrornill
2333 Nil>l>~n Driv~
LJVGr'mOfe. CA 94550
(:HO) 443-0470
FAX ($10) 443-3618
.
Trl-Vo!lll~y 6Y31..," Offic",
~
An Equal Opportunlry ~mp/oyer
EXHIBIT 2
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2. BAY-TV Signal Quality. The New Year Day storm destroyed a piece of equipment that we used
to receive the Bay.. TV srgnal. Since then the signal has been completely unacceptable and unwatchable
because of the failure Of cenaln signal reception equipment. Bay TV did not have adequate backup
equipment available to get thair signal to our standards. We have been wooono with Bay-TV to rectify
the problem, but ultimately, they were responsible for delivering a quality signal to us. The Bay-TV
engineering people have made corrections and the signal Is now on as of 3:00pm, Jan 14th. Because
our customers have been paying for a service that we have not been able to deliver from the 1st until
today, we feel eoO'tpelled, as a measure of good customer selVi~. to credit all Dublin and San Ramon
customers bills $.43 in their next bill. This represents one half month's credit for one channel of SVP
service.
$. Lack of notice. I have also been questioned on the lQck of notice to our customers. While
there was a small notice in the newspaper, we recognize that it was inadequate and did not reach all of
our customers. We also had press releases, and notification on channel 30. I can assure you that if we
had to do this over again, we would do it very differently. We tried to do too much too quickly and we
take full responsibility for this. Customers are justified In their angerthat they, to this day, have not
received a new channel carel. Because channel changes were made nationwide by Tel, our direct mail
house has not been able to handle the tremendous volume. The direct mail piece to customers is stili
not in customers hanas. fifteen days afier the channel changes were made. I understand that some of
these mail pieces began hitting Bay Area homes today, but I do not have specific information regardinQ
the channel cards for Dublin.
4. DUblin Channel Expansion. Of pnmary importance to the city of Dublin Is the commencement date
of the channel expansion, which would rectify the problem we face when we make such difficult channel
change decisions. Over the course of the last several weeks we have been discussing this very item, but
I still do not have confirmation yet as to when the channel expansion will begin. I hope to have it by next
week's meeting. If you wish to write our corporate Offices, our president and CEO Is Or. John C, Malone,
PO Box 5630, Denver, CO 80217. As I said at last week's meeting, one of the conditions of the tt:::ll'lsfer
from Viacom to Tel is (section 6) "TCle agrees to complete the Dublin portion of the voluntary system
upgrade .....and shall offer expanded programming on the DUblin system no later than December 31,
1997,- I do want to reiterate that we take such commitments seriously and we fully intend to comply with
this provi~ion in the transfer agreement.
I, am availabl.8 to answer any questions you may have. I can assure you that I have been working
tirelessly dunng the past two weeks to affect the A&E cnange as requested by the Dublin community.
That is what the city requested and it was the change I waS able to affect. The change was not approved
until m~d-aftemoon yesterday and I was not able to contact everyone In person. I again offer my
apologies to you and your staff for not giving you notice before it hit the press.
Sincerely,
~p~
Tom Baker
General Manager
Tel Tn-Valley
cc: Steve Honse, City of DUblin
2
TOTRL P. 03
EXCERPT FCC REGULATION
518.964 Written notiflcatJon of changp In tates and servlcea
(.-l 1n acfcftltun to lhu reqgifl,Tmant of f 7l5.3Oe(~~)(l)m) ~ ad"emcov rwIltrrJllClOn to ~ qf
any OOBnQ8$ fo rale$. J)lOOJDfnmlng servtces or channel QOIWuns.. cable SyStems matf aive 30 d.~
written notice to both SQ'*rbrs and lOea1 fr'8nchlSmg ,u.llhontles l)efore Imp~nQ lifty rata or
$8rvj~ cbanGw. ~ n~ $hidf stalV Ihv fl'Il'QtSfl anrount or any ratv dlang6 aDII brlofJy explain ;,.
raadly urad1tr$tandable tahio,~ UN C&I$IfS of ~ iQb, dlt\~ ('8..g.. loflatiOn. d'I~ In ~~ntaJ costs
orh tdditforlIde1etfOt1 of channels). When the ~e fnvofves the addIdon or ~ion of Channelst
each channel added Of dMtted must bo sepaf~tefy IdeqUfled. N~ to ~b8fS~" kftrm ~m
of1he1r Ifght I() file complaints about chanoas In cable piaOtwnmlno service tHtr .-IdS and sarvlcos..
sltal state 1mat the sub&crIber may file the complaint wftbtn 90 da,s of the effectiVe date of the r_
Cha~ 8tW lihaH prwidB tJle ~.. and phone number Dr the ~I fflmGhlsing B..lt1orily.
(b) To the e~.... opemto( i$ mqu~d m pr~ notIce Of ~ 8m1 rMt; ctUlnga!(Jto m~.
. the ~ m~y provide SiUch nonce uslnO any r9UQnable mq.... 8t Its 1ibI. d(~n_
(c) No~nding eny ether pmvidQn of Pai 7$. a ~~ Operator~' not ~ mquited to provlde
prior ~ of any rat. dt~ that hl the mJ~ of a I'$g\ltatory f"t tninChfn fGtiI, or any mr,cat fee, tax,
a.~Mf1t. Of Gfl~ or any kIilQ imposed by any Federal agenq't SWe. or frandliSing aulhtJmy 011
h lrGnsadkm bet..reen theo ~tot fmd the subscribor.
178..H4 Rdnvn~
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EXHIBIT 3
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~ 53087.5
GOVERNMENT CODE
Historical and Statuto'1 Notes
1995 Legislation
SecIlon 4 oC Stals.1995. c:. 385 (S.B.1010), provides:
. "!'he Legislature hereby finds and declares as Collows:
"!'he creation and priority DC liens on property Is of
statewide concern. Property owne.... purcltase.... and
lenders must know the status DC tilie and liens in order to
make eCllanaic decWClllS affecting their invesbnen~ Gov-
ernment ~cies, like private parties, should nllt be
pennitteikl create lienB that would jeopardize the securi-
ty oC exisfng lienholders merely to bnprove Cor seismic
retrofit JlIEPOSes privateiy owned property without the
<onsent lillhe prior lien hold......
Article 4.5
VIDEO CUSTOMER SERVICE ACJr
Section
63088.
63088.1.
63088.2.
Section
Short title.
Definitions.
Duties of video providers: disclosure of
customednformation; dispute resolu-
lion procedures; authority to schedule
penalties.
Arlicle .u .was added by StaJ.s.199f, c. 11J8 (A.B.fJ88). ~ 1.
i 63088. Short title
This article shall be known and may be cited as the VideoOlstomer Service Act.
(Added by Stats.1992, Co 1198 (.A.B.2388). ~ 1.)
I 53088.1. Defmitlons
(a) "Video provider" means any person, company, or service which provides one or more channels of
video programming to a residence, including a home, condominilm, or apartment where some fee is paid,
whether directly or as included in dues or rental charges, for tiutservice, whether or not public rights-of-
way are utilized in ~e delivery of the video programming. A~deo provider" shall include, but not be
limited to, providerS of cable television, master antenna televiion, satellite master antenna television,
direct broadcast satellite, multipoint distribution services, and other providers of video programming,
whatever their technology. A video provider shall not include alandlord providing only broadcast video
programming to a single-family home or other residential dRIling consisting of four units or less.
(b) "Material breach" means any substantial and repeated faihre to comply with the consumer service
standards set forth in Section 63088.2.
(Added by Stats.1992, Co 1198 (.A.B.2388), I 1.)
Library References
Words and Phrases (Penn.Ed.)
f 63088.2. Duties of video providers; disclosure or cWltaaer information; dispute resolution
procedures; allthority to schedule penalties
la) Every video provider shall render reasonably efficient service, make repairs promptly, and
interrupt service only as necessary.
(b) All video provider personnel contacting subscribers or polatial subscribers outside the office of the
provider shall be clearly identified as associated with the video lrovider.
(c) At the time of installation, and annually thereafter, all video providers shall provide to all customers
a written notice of the programming offered, the prices for that1"Ogramming, the provider's installation
and customer service policies, and the name, address, and telfl!hone number of the local franchising
authority.
(d) All video providers shall have knowledgeable, qualified company representatives available to
respond to customer telephone inquiries Monday througb FrilDy, excluding holidays, during nonnal
business hours. .
(e) All video providers shall provide to customers a toll-free or local telepbone number for installation,
and service, and complaint calls. These calls shall be answered promptly by the video providers. The
city, COmIty, or city and COmIty may establish standards for whrt constitutes promptness.
(f) All video providers shall render bills which are accw-ate am under:;tandable.
, Additions or changes IndIcated by underline; ddetlons by asterisks . . .
30
GOVERNMENT CODE
9 53088.2
(g) All video providers shall respond to a complete outage in a customer's service promptly. The
response shall occur within 24 hours of the reporting or such outage to the provider, except in those
situations beyond the reasonable control of the video provider. A video provider shall be deemed to
respond to a complete outage when a company representative arrives at the outage location within 24
hours and begins to resolve the problem.
(h) All video providers shall provide a minimum of. 30 days' written notice before increasing rates or
deleting channels. All video providers shall make every reasonable effort to submit the notice to the city.
county, or city and COWlty in advance of the distribution to customers. The 3G-day notice is waived if the
increases in rates or deletion of channels were outside the control or the vide1l provider. In those cases
the video provider shall make reasonable efforts to provide cWltomers with as much notice as possible.
Ii) Every video provider shall allow every residential customer who pays his or her bill directly to the
video provider at least 16 days from the date the bill for services is mailed to the customer, to pay the
listed charges wtless otherwise agreed to pursuant to a residential rental agreemeht establishing tenancy.
Customer payments shall be posted promptly. No video provider may terminate residential service for
nonpayment of a delinquent aCCOmIt wtless the video provider funrishes nolice of the delinquency and
impending termination at least 15 days prior to the proposed termination. The notice shall be mailed,
postage prepaid, to the customer to whom the service is billed. Nolice shall not be mailed Wltil the 16th
day after the date the bill for services was mailed to the customer. The notice of delinquency and
impending tenninalion may be part of a billing statemenl No video provider may assess a late fee any
earlier than the 22nd day after the bill for service has been mailed.
0) Every notice of termination of service pursuant to subdivision (i) shall include all of the {ollowing
inIormation:
(1) The name and address of the customer whose account is delinquenl
(2) The amount of the delinquency.
(3) The date by which payment is required in order to avoid termination of service.
(4) The telephone number of a representative of the video provider who can provide additional
inIonnation and handle complaints or initiate an investigation concerning the service and charges in
question. .
Service may only be terminated on days in which the customer can reach a representative of the video
provider either. in person or by telephone.
(k) Any service terminated without good cause shall be restored without charge for the service
restoration. Good cause includes, but is not limited to. failure to pay, payment by check for which there
are insufficient funds, thelt of service, abuse of equipment or system personnel, or other similar
subscriber actions.
(l) All video providers shall issue requested refund checks promptly, but no later than 45 days
following the resolution of any dispute, and following the return of the equipment supplied by the vide1l
provider, if service is tenninated.
(m) All video roviders shall issue securl or customer de sit refund checks rom t1 , but no later
than 45 days followin~ the termination of service. ess any deductions permitted by law.
(n) Video providers shall not disclose the name and address of a subsllnGer for commercial gain to be
used in mallin lists or for other commercial ses not reasonabl related to the conduct oC the
usinesses of the video ",videm or their affiliates unless the video roviders have rovided to the
su scriber a notice, separate or included in any other customer notice, that clearly and conspicuously
describes the subscriber's ability to prohibit the disclosure. Video providers sball prmide an address and
telephone number for a local subscriber to use without toll charge to prevent disclosure of the
subscriber's name and address.
~ Disputes concerning the provisions of this article shall be resolved by the city, county, or city and
county in which the customer resides. For video providers under Section 53066, the franchising authority
shall resolve disputes. All other video providers shall register with the city in which they provide service
or, where the customers reside in an unincorporated area, in the county in which they provide service.
The registration shall include the name of the company, its address, its officers, telephone numbers, and
customer service and complaint procedures. Counties and cities may charge these other ,ideo providers
operating in the state a fee to cover the reasonable cost of administering this dhision.
(l!l Nothing in this division limits any power of a city, county. or city and county or video provider to
adopt and enforce service standards and consumer protection standards which exceed those established in
this division. .
Addll/ons or changes Indicated by ~; delel/ons by asterisks . . .
31
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Co co Anno 96 pp Bk97-2
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\sl
~ 53088.2
GOVERNMENT CODE
t
i92 The legislative body of the c~ty, county, or city and county, may, by ordinance, provide a schedule of
penalties for the matedal breach by a video provider of subdivisions (a) to (n),1 inclusive. No monetary
penalties shall be assessed for a material breach where the breach is out of the reasonable control of the
video provider. Further, no monetary penalties may be imposed prior to the effective date of this
section. .AllY schedule of monetary penalties adopted pursuant to this section shall in no event exceed
two hundred dollars ($200) for each day of each material breach, not to exceed six hundred dollars ($600)
for each occurrence of material breach. However, where a material breach of any of subdivisions (a) to
(n),1 inclusive, has occurred and the city, county, or city and county has provided notice and a fine or
penalty has been assessed, in a subsequent material breach of the same nature occurring within 12
months, the penalties may be increased by the city, county, or city and county to a maximum of four
hundred dollars ($400) for each day of each material breach, not to exceed twelve hundred dollars ($1,200)
for each occurrence of the material breach. Where a third or further material breach of the same nature
occurs within those same 12 months, and the city, county, or city and county has provided notice and a
fine or penalty has been assessed, the penalties may be increased to a maximum of one thousand dollars
($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each
occurrence of the material breach. With respect to video providers subject to a franchise or license, any
monetary penalties assessed under this section shall be reduced dollar for dollar to the "extent any
liquidated damage or penalty provision of a current cable television ordinance, franchise contract, or
license agreement imposes a monetary obligation upon a video provider for the same customer service
failures, and no other monetary damages may be assessed. However, this section shall in no way affect
the right of franchising authorities concerning assessment or renewal of a cable television franchise under
the prQvisions of the Cable Communications Policy Act of 1984.2
(r) If the legislative body of a city, county, or city and county adopts a schedule of monetary penalties
pursuant to subdivision (0),3 the following procedures shall be followed:
(1) The city, county, or city and county shall give the video provider written notice of any alleged
material breaches of the consumer service standards of this division and allow the video provider at least
30 days from receipt of the notice to remedy the specified breach.
(2) A material breach for the purposes of assessing penalties shall be deemed to have occurred for each
day, following the expiration of the period specified in paragraph (1), that any material breach has not
been remedied by the video provider, irrespective of the number of customers affected.
(s) Notwithstanding subdivision (m),4 or any other provision of law, this section shall not preclude a
party affected by this section from utilizing any judicial remedy available to that party without regard to
this section. Actions taken by a local legislative body, including a franchising authority, pursuant to this
section shall not be binding upon a court of law. For this purpose a court of law may conduct de novo
review of any issues presented.
(t) If any provision of this act or the application thereof to any person or circumstances is held invalid,
that invalidity shall not affect other provisions or applications of the act which can be given effect without
the invalid provision or application, and to this end the provisions of this act are severable.
(u) 'fhis section shall become operative on September 1, 1993.
(Added by Stats.1992, c. 1198 (A.B.2388), !l 1, operative Sept. 1, 1993. Amended by Stats.1994, c. 384
(S.B.1941), !l 1.)
1 So in enrolled bill. See subdivisions (a) to (p).
247 U.S.C.A. ~ 521 et seq.
3 So in enrolled bill. See subdivision (q).
4 So in enrolled bill. See subdivision (0).
.
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DRAFT WAIVER NOTICE
.
January 21, 1997
Mr. Tom Baker, General Manager
TCI - Tri Valley
2333 Nissen Drive
Livermore, California 94550
RE: Waiver of30 Day Notice Requirement In Order To Restore Arts & Entertainment
Dear Mr. Baker:
This letter is written in response to the proposal by TCI dated January 15, 1997 to delete the shared
channel broadcasting CSP AN 21 California Channell and Playboy and to add the Arts & Entertainment
eA&E) program.
As required under both State and Federal law the City acknowledges that a 30 day written notice is to be
provided to subscribers and the franchising authority when there is a change in the programming
provided. In order to reinstate the A&E programming as soon as possible TCI has requested this waiver.
It is acknowledged by the City that the original elimination ofthe A& E program was undertaken by TCI
without proper notice in accordance with laws and regulations, and without any request for a waiver of
such requirements.
In granting this waiver the City shall make it known that this is not to be interpreted as a precedence for
addressing any future violations requirements. It is expected that TCI will in good faith fully comply with
both the letter and intent of all laws and regulations in providing notice to customers and the City, prior to
enactment of the changes.
The City Council considered this matter at a public meeting on January 21, 1997 and a waiver is hereby
granted for the Notice required to the franchising authority, as a result of the changes explained in the first
paragraph of this letter.
Sincerely,
DRAFT
.Uy S. Houston
Mayor
?
EXHIBIT 5
MUNICIPAL CODE EXCERPTS
3.20.330 Annual review of
performance.
At Grantor's sole option, within ninety
(90) days of the first anniversary of the
effective date of each franchise, and each
year thereafter throughout the teoo of the
franchise, the Grantor and Grantee shall
meet publicly to review the perfonnance,
quality of service and rates of the cable
communications system. The reports re-
quired in Article vrn regarding subscriber
complaints, the records of performance tests
and any opinion survey report may be uti-
lized as the basis for review. In addition,
any subscriber may submit appropriate
infonnation or complaints during the review
meetings, either orally or in writing, and
these shall be considered:
A. Within (30) days after the conclusion
of the system perfonnallce review meetinlils,
Grantor shal11BllulS I1l'Cpon WlUl respect to
.,. the adequacy of system perfonnance and
quality of service. If substantial inadequa-
cies are found, Grantor may direct Grantee
to c~rrect the inadequacies WiUUll a reason-
able period of time;
B. Failure of Grantee, after due notice,
to correct fue inadequacies shall be consid-
ered a material breach of the franchise, and
Grantor may, at its sole discretion, exercise
~ any remedy within the scope of this chapter
considered appropriate. (Ord. 30-85 ~ 5.6)
3.20.335 FCC Cable Regulations.
A. Incorporation of FCC Cable Regula-
tions.
Grantoradopts and incorporates by refer-
ence the FCC Cable Regulations implement-
ing the Cable Television Consumer Protec-
tion and Competition Act of 1992 (47
U.S.C 521 et seq.), including but not limit-
ed to fuose rules and regulations regarding
rate regulation as set forth in 47 CFR
76.900 to 76.985 and regarding customer
service standards as set forth in 47 CFR
76.309. Amendments to' FCC rules and
regulations implementing the Cable Act of
1992 made after the effective date of this
section shall also be incorporated by refer-
ence without further legislative action by
the Grantor.
The FCC Cable Regulations supersede
any different or inconsistent provisions in
Chapter 3.20 or in the francluse granted
Wlder it
A copy of fue FCC regulations is on file
in.~le City Clerk's office.
g"
B. Implementation. Grantor shall imple-
ment the FCC Cable Regulations in the city
with the existing Grantee and any future
franchisees. In implementing the Regula-
tions, Grantor will ensure a reasonable
opportWlity for consideration of the views
of interested parties. (Ord. 3-94 ~ 1)
.
3.20.340 System and capability
review.
To provide for teclmological, economic,
and regulatory changes in the state of the
art of cable commWlications, to facilitate
renewal procedures, to promote the maxi-
mum degree of flexibility in fue cable sys-
tem, and to achieve a continuing, advanced
modem system, the following system and
services review procedures are established:
A. At Grantor's sole option, the Grantor
and Grantee shall hold a system and capa-
bility review session within sixty (60) daya
OGlol.. 01' aftllll Lillt lJUKI lI.tilll~..tIjllJoY Oltl6 tit
fue franchise agreement. Subsequent system
review sessions shall 'he scheduled by the
Grantor each t1lree (3) years thereafter;
B. Sixty (60) days prior to the scheduled
system and capability review session, Grant-
ee shall submit a report to Grantor indicat-
ing fue following:
1. All cable systems services that are
being provided on an operational basis,
excluding tests and demonstrations, to cities
in the United States with populations above
ten thousand (10,000), that are not provided
to the Grantor,
2. . A plan for provision of such services,
or ajustificatio}J. indicating why such servic-
es are not feasible for the franchise area;
C. Topics for discussion and review at
the system and capability review sessions
shall include, but shall not be limited to,
application of new teclmologies, system
perfonnance, subscriber complaints, user
complaints, rights of privacy, amendments
to the franchise, Wldergrounding processes,
developments in the law, and regulatory
constraints;
D. Eifuer fue Grantor or fue Grantee
may select additional topics for discussion
at any review session;
E. Not later than sixty (60) days after
the conclusion of each system and capabili-
ty review session, Grantor shall issue a
report, including specifically a listing of any
cable services not then being provided to
the Grantor that are considered teclIDically
and economically feasible. Grantor may
request Grantee to provide the system capa-
bility for such services within a reasonable
ti,me, under reasonable rates and conditions.
(Ord. 30-85 ~ 5.7)
EXHIBIT 6
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Article VIII. Operation and
Maintenance
3.20.660 Grantor-Right to inspect
books and records.
A. The Grantor shall have the right to
inspect, upon reaSonable notice, at any
time during normal business hours, all
books, records, maps, plans, financial
statements, service comp)aint logs, per-
formance test results and other like mate-
rials of the Grantee which relate to the
operation of the franchise and are main-
tained at the local office.
B. If any such books or records
required by this chapter or the franchise
agreement are not kept in the local office,
or upon reasonable request made avail-
able to ~he Grantor, and if the Grantor
shall determine that an examination of
such records is necessary or appropriate
to the performance of any of Grantor's
duties, then all travel and maintenance
expense necessarily incurred in making
such examination shall be paid by
Grantee. (Ord. 30-85 ~ 9.1)
3.20.670 Grantee-Records
required.
In any event the Grantee shall at all
times maintain:
A. The complaint file required by Sec-
tion 3.20.860 herein;
B. A full and complete set of plans
records and as-built maps showing the
exact location of all cable communica-
tions system equipment installed or in
e;
3.20.680 Grantee-Maintenance
and complaints.
A. The Grantee shall maintain a local
office which shall be open during all
usual business hours, have a publicly
listed toll-free telephone number, and be
so operated to receive subscriber com-
plaints and requests for repairs or adjust-
ments on a twenty-four (24) hour a day
basis. A written log shall be maintained
listing all complaints and their disposi-
tion as required by Section 3.20.670 A.
B. The Grantee shall render efficient
service, make repairs promptly, and
interrupt service only for good cause and
for the shortest time possible. Such inter-
ruptions, insofar as possible, shall be pre-
ceded by notice and shall occur during a
period of minimum use of the system. A
written log shall be maintained for all
service interruptions as required by Sec-
tion 3.20.670 A.
C. The Grantee shall maintain a
repair force of technicians normally
capable ofresponding to subscriber com-
plaints or requests for service within
twenty-four (24) hours after receipt of the
complaint or request. No charge shall be
made to the subscriber for normal repair
servlce.
D. The Grantee shall furnish each
subscriber at the time service is .installed,
written instructions that clearly'. set forth
procedures, furnish information con-
cerning the procedures for making inqui-
ries or complaints, induding the address
and local t.elephone number to whom
such inquiries or complaints are to be
addressed, and furnish information con--.
cerning the Grantor office responsible for
administration of the franchise with the
address and. telephone number of the
office. (Ord. 30-85 ~ 9.3)
Article XI. Franchise Violations
3.20.790 Remedies for franchise
violations.
A. If the Grantee fails to perform any
material obligatiori under the franchise,
or fails to do so in a timely manner, the
Grantor may at its option, and in its sole
discretion:
1. Assess against the Grantee mone-
tary damages up to the limits established
in the franchise agreement for material
franchise violations, the assessment to be
levied against the security fund, here-
inabove provided and collected by Gran-
tor immediately upon the assessment.
The amount of such assessment shall be
deemed, without proof, to represent liq-
uidation of damages actually sustained
by Grantor by reason of Grantee's failure
to perform. Such assessment shall not
constitute a waiver by the Grantor of any
other'right or remedy it may have under
the franchise or under applicable law,
including without limitation, its right to
recover from Grantee. such additional
damages, losses, costs and expenses,
including actual attorney fees, as may
have been suffered or incurred by Gran-
tor by reason of or arising out of such
breach of the franchise. This provision
for assessment of damages is intended by
the parties to be separate and apart from
Grantor's right to enforce the provisions
of the construction and performance
bonds provided for in Article V of this
chapter, and is intended to provide com-
pensation to Grantor for actual damages;
2. Terminate the franchise, for any of
the causes stated in Article III of this
chapter;
3. No remedy shall be imposed by
Grant~r against Grantee for any vio-
lation of the franchise without Grantee
being afforded due process oflaw, as pro-
vided for in Section 3.20.800.
B. Any remedies imposed shall be in
addition to any and all other legal or
equitable remedies available to Grantor
under the franchise or under any applica-
ble law. (Ord. 30-85 ~ 12.1)
3.20.800 Remedying franchise
violations-Procedure.
In the event that the Grantor deter-
mines that the Grantee has violated any
material provisiosn of the franchise, the
Grantor may make a written demand on
the Grantee that it remedy such vio-
lation. If the violation is not remedied to
the satisfaction of the Grantor within
If)
.
thirty (30) days following such demand,
the Grantor shall determine whether or
not such violation by the Grantee was
excusable or inexcusable, in accordance
with the following procedure:
A. A public hearing shall be held and
the Grantee shall be provided with an
opportunity to be heard upon thirty (30)
days' written notice to the Grantee of the
time and the place of the hearing pro-
vided and the allegations offranchise vio-
lations;
B. If, after notice is given and, at the
Grantee's option, a full public proceed-
ing is held, the Grantor determines that
such violation by the Grantee was
excusable as provided in Section
3.20.810, the Grantor shall direct the
Grantee to correct or remdy the same
within such additional time, in such
manner and upon such terms and condi-
tions as the Grantor may direct;
C. If, after notice is given and, at the
Grantee's option, a full public proceed-
ing is held, the Grantor determines that
such violation was inexcusable, then the
Grantor may impose a remedy in accord~
ance with Section 3.20.790. (Ord. 30-85 ~
12.2)
.
3.20.810 Force majeure-Grantee's
inability to perform.
In the event Grantee's performance of
any ofth.e terms, conditions, obligations,
or requirements of the franchise is pre-
vented or impaired due to any cause
beyond its reasonable control or not rea~
sonably foreseeable, such inability to per-
form shall be deemed to be excused and
no penalties or sanctions shall be
imposed as a result thereof; provided,
Grantee has notified Grantor in writing
.
94
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.
II
within thirty (30) days of its discovery of
the occurrence of such an event. Such
causes beyond Grantee's reasonable con-
trol or not reasonably foreseeable shall
include, but shall not be limited to, acts
of God, war or acts of war, and civil
emergencies. (Ord. 30-85 9 12.3)
Article XII. Reports
3.20.820 Annual reports.
At Grantor's sole option, within sixty
(60) days after the close of Grantee's
fiscal year, Grantor may request Grantee
to submit a written annual report,
including, but not limited to, the follow-
ing information:
.. A. A summary of the previous year's
(or, in the case of the initial report ye3:r,
the initial year's) activities in develop-
ment of the cable system, including, but
not limited to, services begun or discon-
tinued during the reporting year, and the
number of subscribers for each class of
service;
B. A statement of receipts, audited by
an independent certified public accoun-
tant, or certified by an officer of the
Grantee;
C. A list of Grantee's officers, mem-
bers of its board of directors, and other
principals of Grantee;
D. A list of stockholders or other
equity investors holding five percent
(5%) or more of the voting interest in the
Grantee and its parent, subsidiary and
affiliated corporations and other entities,
if any. (Ord. 30-85 S 13.1)
3.20.830 Plant survey report.
At Grantor's sole option, Grantee
. -shall submit to the Grantor an annual
3.20.810
plant survey report which shall be a com-
plete survey of the Grantee's plant and a
full report thereon. The report shall
include, but not be limited to, a descrip-
tion and as-built maps of the portions of
the franchise area that have been cabled
and have all services available, an
appropiate engineering evaluation,
including suitable electronic measure-
ments conducted in conformity with
such requirements, including supervi-
sion, as the Grantor may prescribe. The
report shall be in sufficient detail to
enable the Grantor to ascertain that the
service requirements and technical stan.;.
dards of the FCC andlor the fran'chise are
achieved and maintained. If Grantor has
reason to believe that portions or all of
the system do not meet either the FCC
technical standards, or those incorpo-
rated into the franchise agreement, at
Grantor's request, but no more often
than once per three (3) years, the Grantee
and the Grantor shall agree upon the
appointment of a qualified independent
engineer to evaluate and verify the tech-
nical performance of the cable system.
The cost of such evaluation shall be
borne equally by the Grantee and the
Grantor. (Ord. 30-85 9 13.2)
3.20.840 Copies of federal and state
reports.
The Grantee shall make available to
the Grantor, upon reasonable request,
copies of all publicly available pleadings,
applications, reports, communications
and documents of any kind, submitted
by the Grantee to, as well as copies of all
decisions, correspondence and actions
by, any federal, state and local courts,
95
3.20.840
regulatory agencies and other govern-
ment bodies relating to its cable televi-
sion operations within the franchise area.
Grantee waives any right to claim confi-
dential, privileged or proprietary rights to
such documents unless such confidential
rights are determined to be confidential
by law or by the practices of federal or
state agencies. (Ord. 30-85 S 13.3.)
3.20.850 Public reports.
A copy of each of Grantee's annual
and other periodic public reports and
those of its parent, subsidiary and affili-
atea corporations and other entities, as
the Grantor requests and is reasonably
appropriate, shall be submitted to the
Grantor within five (5) days of availabil-
ity by the Grantee. (Ord. 30-85 ~ 13.4)
3.20.860 Complaint file and reports.
An accurate and comprehensive file
shall be kept by the Grantee of any and all
service-related complaints regarding the
cable system. A procedure shall be estab-
lished by the Grantee by the time of
installation of the cable system to remedy
complaints quickly and reasonably to the
satisfaction of the Grantor. Complete
records of Grantee's actions in response
to all service-related complaints shall be
kept:
A. A summary of service-related
complaints, identifying the number and
nature of complaints and their disposi-
tion shall be completed for each month
and submitted to the Grantor by the
tenth day of the suceeding month;
B. The results of an annual opinion
survey report which identifies satisfac-
tion or dissatisfaction among subscribers
with. cable communications services
IJ--.
.
offered by the Grantee shall be submitted
to the Grantor no later than two (2)
months after the end of Grantee's fiscal
year. The surveys required to make the
report may be in a form that can be trans-
mitted to subscribers with any bill for
service. (Ord. 30-85 ~ 13.5)
3.20.870 Miscellaneous reports.
Grantee shall submit to the Grantor
such other information or reports in such
forms and at such times as the Grantor
may reasonably request or require. (Or4.
30-85 S 13.6)
3.20.880 Inspection of facilities.
The Grantee shall allow the Grantor to
make inspections of any of the Grantee's
facilities and equipment at any time
upon reasonable notice, or, in case of a
declared emergency, upon demand with-
out prior notice, to allow Grantor to ver-
ify the accuracy of any submitted report.
(Ord. 30-85 ~ 13.7)
.
3.20.890 Business office files and
records-Inspection by
Grantor.
Grantee shall keep complete and accu-
rate books and records. The Grantor,
upon reasonable notice, shall have the
right to inspect at any time during nor-
mal business hours all books, records,
maps, plans, income tax returns, finan-
cial statements, service complaint logs,
. performance test results and .other like
materials of the Grantee which relate to
the operation of the cable system. (Ord.
30-85 S 13.8)
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96
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IJ>
3.20.900 Public inspection.
All reports subject to public disclosure,
shall be available for public inspection at
a designated Grantor office during nor-
mal business hours. (Ord. 30-85 ~ 13.9)
3.20.910 Failure to report.
The refusal or wilful failure of the
Grantee to file any of the reports
required, or such other reports. as the
Grantor reasonably may request, shall be
deemed a material breach of the fran-
chise, and shall subject the Grantee to all
remedies, legal or equitable, which are
available to the Grantor under the fran-
I chise or otherwise. (Ord. 30-85 S 13.10)
3.20.900
3.20.920 False statements-Grantee
subject to remedies.
Any materially false or misleading
statement or representation made know-
ingly by -the Grantee in any report
required under the franchise shall be
deemed a .material breach of the fran-
chise and shall subject the Grantee to all
remedies, legal or equitable, which are
available to the Grantor under the fran-
chise or otherwise. (Ord. 30-85 ~ 13.11)
3.20.930 Cost of reports.
All reports and records required under
this or any other section shall be fur-
nished at the sole expense of the Grantee.
(Ord. 30-85 S 13.12)
97