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.~ <br />CITY OF NiS~H OLMSTED : <br />QRDINANCE N0. 80-29 <br />£'AGE 14 <br />control of the Grantee. Similarly, this provision shall not apply <br />to service requests or complaints pertaining to television set mal- <br />function or other breakdowns not related to the operation of the <br />cable television system. The City Complaint Officer, provided for <br />in Subsection (d) hereof, shall be responsible for invoking said <br />penalty upon receiving written subscriber complaint. The Complaint <br />Officer shall hold a hearing on such complaint to be conducted in <br />the manner prescribed in and otherwise governed by Subsection (d) <br />(2) hereof. <br />(d) (1) The Grantee shall establish procedures for receiv- <br />ing, acting upon and resolving subscriber complaints. The Grantee <br />shall furnish a notice of such procedures to each subscriber at the <br />time of initial subscription to the system. In addition, the Grantee <br />shall maintain a written record, or "log," listing date and time of <br />customer complaints, identifying the subscriber, and describing the <br />nature of the complaints and when and what action was taken by the <br />Grantee in response thereto. Such records shall be kept at Grantee's <br />local office reflecting the operations to date and shall be avail- <br />able for inspecticn during regular business hours. <br />(2) The Mayor or his designate are hereby designated <br />as the City Complaint Officer, who shall have primary responsibility <br />for the continuing administration of complaint procedures hereunder. <br />Any subscriber, user, programmer, or other interested person who <br />has a complaint regarding the quality of cable television service, <br />equipment malfunctions, billings, or any other matters, which re- <br />mains unsolved for thirty (30) days after it has been brought to <br />the Grantee's attention, may file a complaint, in writing, with <br />the Complaint Officer. Upon the filing of such a complaint, said <br />Complaint Officer shall notify the Grantee and make an investiga- <br />tion to determine whether or not there is probable cause to credit <br />the allegations. If he determines after such investigation that <br />there is probable cause to credit the allegations of the complaint, <br />he shall so notify the Grantee and complainant and promptly endeavor <br />to resolve the matter by conciliation and persuasion. In the event <br />that the Complaint Officer is unable to obtain conciliation within <br />a reaonable time, he shall promptly set the matter for a hearing <br />where all parties may give evidence and the merits of the dispute <br />will be decided. The Complaint Officer shall make public his <br />decision, along with a statement reciting the basis therefor. Within <br />thirty (30) days thereafter, either the Grantee or the complainant <br />may appeal to the Council, in writing, the decision rendered by <br />the Complaint Officer. At the appeal hearing, the aggrieved party <br />may contest the findings of fact or interpretation of controlling <br />law, at which time the Council may affirm, reject or modify the <br />decision of the Complaint Officer. The affirmance, rejection or <br />modification of said decision by the Council shall be final. <br />(e) (1) Where there have been similar complaints made, or <br />when there exists other evidence which, in the judgement of the <br />of the Complaint Officer, casts doubt on the reliability or quality <br />of cable service, the Complaint Officer shall have the right and <br />authority to compel the Grantee to test, analyze, and report on <br />the performance of the system. Such report shall be delivered <br />to the Complaint Officer no later than fourteen (14) days after <br />said Officer formally notifies the Grantee and shall include the <br />following information: the nature of the complaints which pre- <br />cipitated the special tests; what system component(s) was tested, <br />the equipment used, and precedures employed in said testing; the <br />results of such tests; the method in which said complaints were <br />resolved, if applicable; and any and all additional information <br />deemed relevant by the Complaint Officer. <br />(2) Said tests and analyses shall be supervised by a <br />registered professional engineer not on the permanent staff of <br />the Grantee and selected by the City. The aforesaid engineer <br />shall sign all records of special tests and forward to the Com- <br />plaint Officer such records with a report interpreting the re- <br />sults of the test and recommending action to be taken by the City. <br />~r, ,~ ~..... , ... ~ _. <br />