2000 039 Ordinance - Laserfiche WebLink

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ORDINANCE NO. 2000- ' PAGE 8 a hearing on such complaint to be conducted in the manner prescribed in and otherwise governed by subsection (g)(3) hereof. (2) The cable operator shall establish procedures for receiving, acting upon and resolving subscriber complaints. The cable operator shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system. In addition, the cable operator shall maintain a written record, printout, or "log", listing date and time of customer complaints, identifying the subscriber, and describing the nature of the complaints and when and what action was taken by the cable operator in response thereto. Such records shall be kept for a period of three years at cable operator's local office, reflecting the operations to date subject to applicable laws regarding subscriber privacy and shall be made available for inspection during regular business hours. (3) The Mayor or a designee shall serve as the Village Complaint Officer with primary responsibility for the continuing administration of complaint procedures hereunder. Any subscriber, user, programmer, or other interested person who has a complaint regarding the quality of cable television service, equipment malfunctions, billings or any other matter, which remains unsolved for 30 days after it has been brought to the cable operator's attention, may file a complaint, in writing, with the Complaint Officer. Upon the filing of such a complaint, said Complaint Officer shall notify the cable operator and make an investigation to determine whether or not there is a probable cause to credit the - ~ allegations. If the Complaint Officer determines after such investigation that there is probable cause to credit the allegations of the complaint, the Complaint Officer shall notify the cable operator and complainant and promptly endeavor to resolve the matter by conciliation and persuasion. In the event that the Complaint Officer is unable to obtain conciliation within a reasonable time, the matter shall be promptly set for a hearing where all parties may give evidence and the merits of the dispute will be decided. The Complaint Officer shall make the decision public, along with a statement reciting the basis therefor. Within 30 days thereafter, either the cable operator or the complainant may appeal to the Council, in writing, the decision rendered by the Complaint Officer. At the appeal hearing, the aggrieved party may contest the findings of fact or interpretation of controlling law, at which time the Council may affirm, reject or modify the decision of the Complaint Officer. The affirmance, rejection or modification of said decision by the Council shall be final unless appealed by the grantee to a court of competent jurisdiction. (4) Where there have been similar complaints made, or when there exists other evidence which, in the judgment of the Complaint Officer, casts doubt on the reliability or quality of cable service, the Complaint Officer shall have the right and authority to compel the cable operator to test, analyze and report on the performance of the system. Such report shall be delivered to the Complaint Officer no later than 14 days after said Officer formally notifies the cable operator and shall include the following information: the nature of the complaints which precipitated the special tests; what system component(s) was