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HomeMy WebLinkAbout84-5 - Amending the Municipal Code by Adding Certain Sections Regarding the Maintenance of Services, Subscriber Complaint Procedures, and Penalties Relating to Community Antenna Television• • • ORDINANCE NO. 84 -5 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE MUNICIPAL CODE BY ADDING CERTAIN SECTIONS REGARDING THE MAINTENANCE OF SERVICES, SUBSCRIBER COMPLAINT PROCEDURES, AND PENALTIES RELATING TO COMMUNITY ANTENNA TELEVISION. SECTION 1. The City Council of the City of Newport Beach finds and declares as follows: The City Council of the City grants franchises within the City for the operation of Community Antenna Television (CATV) services. The City Council is enabled by the Terms of the Franchises and by Section 5.44.060 of the Municipal Code to amend the ordinances governing such franchises. The City Council has determined that the public good shall be served by the exercise of the police power to amend the Municipal Code to include sections regarding the Maintenance Services, Subscriber Complaint Procedures, and Penalties relating to CATV. SECTION 2. The City Council DOES .ORDAIN as follows: Sections 5.44.071, 5.44.072, and 5.44.073 shall be added to Chapter 5.44 of the Municipal Code to read as follows: 5.44.071 OF SERVICES The grantee shall, for the purposes of maintaining efficient and high quality service to CATV subscribers and excepting circumstances beyond the control of the Grantee, comply with the following general regulations: (a) Grantee shall schedule planned service interruptions during periods of minimum use of the system and shall notify subscribers of planned service interruptions via announcements transmitted on the public access /local origination channel at least twenty -four (24) hours in advance; but in no event shall the requirement for notice delay the repair of degraded system operation. (b) Grantee shall maintain the tollfree telephone number or numbers which are provided within the City, pursuant to this Chapter, in good working order and shall provide telephone recorded announcement capability to announce system -wide service disruptions during the times when such disruptions occur. -1- (c) Grantee shall limit system malfunctions to no more than twenty -four (24) consecutive hours duration from the time the malfunction is discovered or a subscriber complaint is received pursuant to • Section 5.44.072 of this Chapter. (d) Grantee shall, upon the written request of the City Manager or designee, test, analyze, and report on the performance of a particular element or elements of the CATV system to resolve problems identi- fied by excessive complaints or other evidence which, in the judgment of the City Manager, warrants a techni- cal investigation to ensure that high quality CATV service is maintained. Grantee shall conduct the requested test or tests and furnish a written report to the City Manager no later than thirty (30) days after the Grantee has been formally requested to perform the subject test or tests. Such a report or reports shall contain the following information: the nature of the event or events which precipitated the special test or tests; what system component or components were tested; the equipment used and procedures employed in said testing; the results of such tests; and the method in which any complaints were finally resolved. 5.44.072 SUBSCRIBER COMPLAINT PROCEDURES (a) Grantee shall insure that the tollfree telephone number or numbers which are provided within the City, pursuant to this Chapter, are capable of the timely receipt of subscriber complaints on a twenty -four (24) hour, seven day per week basis. (b) The Grantee shall, within twenty -four (24) hours following the date of receipt of a subscriber • complaint, take one of the following actions: 1. Correct the problem -2- 2. Determine the problem.cannot be corrected within twenty -four (24) hours and schedule a service call to take place within forty- eight(48) hours or on a mutually accept- able date. 3. Determine the problem is not cable- related and so inform the subscriber. (c) Grantee shall maintain a written record listing the date and time of subscriber complaints, identifying the subscriber by name and residence address, and describing the nature of the complaint as well as the nature and date of its resolution. The subject record is to be maintained at the Grantee's local office for a period of three (3) years from the date of the complaint and is to be available for in- spection during regular business hours by the City Manager or his designee. (d) If not satisfied with the Grantee's response, • a subscriber may file a written complaint with the City. (e) If a subscriber files a complaint with the City regarding a service problem which is determined to be preventable and within Grantee's control, and if the Grantee fails to correct the problem within a reasonable period of time, following written notice of the complaint by the City, the City may levy a penalty as provided for in Section 5.44.073 of this Chapter. 5.44.073 PENALTIES The Grantee shall pay a penalty of up to five hundred dollars ($500.00) for failure to comply with any section of this Chapter. The City Council shall determine the extent of the penalty within thirty (30) days of receiving a written report from the City Manager. The Grantee shall immediately be notified of the Council's penalty deter- mination. The Grantee may formally object to the penalty by filing a written notice of objection with the City within thirty (30) days ' following notification by the City of the fine to be levied. If the Grantee so objects, the Grantee and the City shall conduct arbitration -3- in accordance with the rules of the American Arbitration Association. Said arbitration shall be scheduled as soon as possible following receipt of the Grantee's objection. The decision of the arbitrator shall be final and binding. • SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective • • thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of February , 1984, and was adopted on the 77th day of February , 1984, by the following vote, to wit: ATTEST: City Clerk KJD:mm 2/15/84 AYES, COUNCIL MEMBERS Agee, Cox, Hart, Heather, Plummer. Strauss NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Maurer Mayor -4-