(A) A franchisee shall interrupt programming service only with good cause and for the shortest time possible and, except in emergency situations, only after periodic cablecasting notice of service interruption for two days prior to and on the same channel and at the same time as the anticipated interruption. Programming services may be interrupted between 1:00 a.m. and 5:00 a.m. for routine testing, maintenance and repair, without notification, any night except Friday, Saturday or Sunday or the night preceding a holiday.
(B) A franchisee shall maintain a written log or an equivalent stored in computer memory and capable of access and reproduction in printed form of all subscriber complaints. Such log shall list the date and time of such complaints, identifying the subscribers and describing the nature of the complaints and when and what actions were taken by the franchisee in response thereto. Such log shall be made available at a location convenient to the village, reflecting the operations to date for a period of at least three years and shall be available for public inspection during regular business hours. The franchisee shall submit a copy of such log quarterly to the Cablecasting Board for its review. For purposes of this section,
COMPLAINT means any expression of dissatisfaction or report of a failure or defect by a subscriber or other user of the cable system to the franchisee relating to any product, service, price, facility of the franchisee or action or omission of the franchisee relating to the franchisee's status as a cable franchisee of the village.
(C) For purposes of this section,
SUBSCRIBER PROBLEM means any malfunction affecting a single subscriber; OUTAGE means a complete loss of picture and sound affecting more than one subscriber; SYSTEM PROBLEM means any problem other than an outage which affects more than one subscriber. With respect to matters within a franchisee's control, a franchisee shall maintain a repair force of technicians so as to resolve any subscriber request for service or to repair any malfunction within the following time frames:
(1) For an outage. Within two hours, including weekends and holidays, after receiving knowledge of such malfunction;
(2) For a subscriber problem. Next business day service and repair, seven days a week, for all complaints and requests for repairs or adjustments. In no event shall the response and repair time for calls received subsequent to 2:00 p.m. exceed 24 hours, including weekends and holidays, from the time of receiving a subscriber’s request for service;
(3) For a system problem. Within 24 hours, including weekends and holidays, of receiving a request for service identifying a problem concerning picture or sound quality affecting any two or more subscribers.
(D) Upon receipt of a request for service, a franchisee shall establish a four hour appointment window with the subscriber or adult representative of the subscriber. A franchisee shall respond to the request for service within such established appointment window.
(1) If access to the subscriber's home is not made available to a franchisee's technician when the technician arrives during the established appointment window, the technician shall leave written notification stating the time of arrival and requesting that the franchisee be contacted again to establish a new appointment window. In such case, the required response time for the request for service shall remain the next business day from the time the franchisee is contacted to establish the new appointment window.
(2) Notwithstanding the foregoing, if a franchisee's technician telephones the subscriber's home during the appointment window and is advised that the technician will not be given access to the subscriber's home during the appointment window, then the technician shall not be obliged to travel to the subscriber's home or to leave the written notification referred to above, and the burden shall again be upon the subscriber, or adult representative of the subscriber, to contact the franchisee to arrange for a new appointment window, in which case the required response time for the request for service shall again be the next business day from the time the franchisee is contacted to establish the new appointment window.
(E) Except as otherwise provided in division (D) of this section, a franchisee shall be deemed to have responded to a request for service under the provisions of this section only when a technician arrives at the service location, begins work on the problem and proceeds diligently to complete such work.
(F) No charge shall be made to the subscriber for any service call unless the problem giving rise to the service request can be demonstrated by a franchisee to have been:
(1) Caused by subscriber negligence;
(2) Caused by malicious destruction of cable equipment; or
(3) A problem previously established as having been noncable in origin.
(G) All service personnel of a franchisee or its contractors or subcontractors who have as part of their normal duties contact with the general public shall wear on their clothing a clearly visible identification card bearing their name and photograph. A franchisee shall account for all identification cards at all times. Every service vehicle of a franchisee shall be clearly identifiable by the public.
