§ 118-92. Service calls and complaint procedures.

(a)

Customer service facility. Franchisee shall establish, operate and maintain in the County a business office or like facility, for the purpose of receiving payment of subscribers' service charges and return of cable equipment. Franchisee shall provide all subscribers or users with at least 30 days' prior written notice of a change in facility hours. Adequate staff shall be maintained to process inquiries, requests for installation, service or repairs, complaints concerning all aspects of the construction, installation, operation and maintenance of the cable system, and other business in a timely and efficient manner. Franchisee shall add additional telephone lines and service representatives when existing lines are substantially utilized or when a pattern of subscriber complaints reflects a need for additional service employees. Franchisee shall either allow subscribers to exchange equipment at its customer service facility or shall make provisions to allow subscribers to exchange cable equipment within a minimum of two business days from the time subscriber contacts franchisee. Such provisions shall be set forth in the franchise agreement. Notwithstanding the foregoing, where franchisee currently provides service to a county or a municipality bordering Sarasota County, it may maintain its customer service facility within such neighboring county or municipality, but said facility must not be located farther than ten miles from the Sarasota County line. During the term of a franchise agreement, should franchisee and County Administrator believe that County cable subscribers are not sufficiently utilizing franchisee's business office or like facility to return equipment, make bill payments or other subscriber needs, then a franchisee and County Administrator may agree upon an alternative mechanism by which franchisee may meet the subscriber's needs, subject to final approval by the Board of County Commissioners.

(b)

Telephone service. Franchisee shall have available to subscribers a listed, toll-free telephone number for service calls available 24 hours a day, seven days a week.

(c)

Franchisee rules. Franchisee shall prepare and file with the cable coordinator copies of all of its current rules and regulations in connection with the handling of inquiries, requests and complaints. Franchisee shall, by appropriate means, furnish information to subscribers or users concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed, and furnish information concerning the County office responsible for the administration of the franchise, including, but not limited to, the address and telephone number of said office.

(d)

Complaint records. Franchisee shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, of all service calls. Such log shall, at a minimum, list the date and time of such complaints, identifying to the extent allowed by law the subscribers and describing the nature of the complaints and when and what actions were taken by franchisee in response thereto. Such log shall be maintained by franchisee for a period of at least two years and shall be available for inspection during regular business hours by the County upon request.

(e)

Equipment service. Franchisee shall service or replace without charge all equipment leased to the subscriber; provided, however, that franchisee may charge a subscriber for service to or replacement of any equipment damaged due to negligence of the subscriber or for equipment upgrades.

(f)

Subscriber solicitation. Any representatives of franchisee who shall be soliciting within the County and all other employees of franchisee entering upon private property shall be required to wear an employee identification card issued by franchisee and bearing a picture of said representative.

(g)

Sales information. Franchisee shall provide written information on at least each of the following areas at the time of Installation of service to all Subscribers, and at any time upon request:

(1)

Products and services offered.

(2)

Prices (rates) and options for cable services and conditions of subscription to cable service. Prices shall include those for programming, equipment rental, program guides, installation, disconnection, late fees and other fees charged by franchisee.

(3)

Installation and service maintenance policies.

(4)

Instructions on how to use cable services, including procedures and options for pay-per-view and premium channels.

(5)

Channel positions of programming carried on the cable system, including a listing specific to the County showing the channel names and numbers actually available to Subscribers in the County.

(6)

Billing and complaint procedures.

(7)

Applicable privacy requirements as set forth in this article, the franchise, or otherwise provided by law. Thereafter, franchisee shall provide subscribers with any amendments to such requirements.

(h)

Continuity of service. Except in the case of routine testing, maintenance, technical failures or circumstances beyond the control of franchisee, franchisee shall operate the cable system and provide cable service 24 hours per day, seven days per week. Franchisee shall voluntarily interrupt the provision of cable service only with good cause and for the shortest time possible.

(Ord. No. 2006-026, § 26, 4-12-2006)