80-029 Ordinance - Laserfiche WebLink

Home Browse Search

.~ CITY OF NiS~H OLMSTED : QRDINANCE N0. 80-29 £'AGE 14 control of the Grantee. Similarly, this provision shall not apply to service requests or complaints pertaining to television set mal- function or other breakdowns not related to the operation of the cable television system. The City Complaint Officer, provided for in Subsection (d) hereof, shall be responsible for invoking said penalty upon receiving written subscriber complaint. The Complaint Officer shall hold a hearing on such complaint to be conducted in the manner prescribed in and otherwise governed by Subsection (d) (2) hereof. (d) (1) The Grantee shall establish procedures for receiv- ing, acting upon and resolving subscriber complaints. The Grantee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system. In addition, the Grantee shall maintain a written record, 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 Grantee in response thereto. Such records shall be kept at Grantee's local office reflecting the operations to date and shall be avail- able for inspecticn during regular business hours. (2) The Mayor or his designate are hereby designated as the City Complaint Officer, who shall have 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 matters, which re- mains unsolved for thirty (30) days after it has been brought to the Grantee'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 Grantee and make an investiga- tion to determine whether or not there is probable cause to credit the allegations. If he determines after such investigation that there is probable cause to credit the allegations of the complaint, he shall so notify the Grantee 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 reaonable time, he shall promptly set the matter for a hearing where all parties may give evidence and the merits of the dispute will be decided. The Complaint Officer shall make public his decision, along with a statement reciting the basis therefor. Within thirty (30) days thereafter, either the Grantee 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. (e) (1) Where there have been similar complaints made, or when there exists other evidence which, in the judgement of the 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 Grantee to test, analyze, and report on the performance of the system. Such report shall be delivered to the Complaint Officer no later than fourteen (14) days after said Officer formally notifies the Grantee and shall include the following information: the nature of the complaints which pre- cipitated the special tests; what system component(s) was tested, the equipment used, and precedures employed in said testing; the results of such tests; the method in which said complaints were resolved, if applicable; and any and all additional information deemed relevant by the Complaint Officer. (2) Said tests and analyses shall be supervised by a registered professional engineer not on the permanent staff of the Grantee and selected by the City. The aforesaid engineer shall sign all records of special tests and forward to the Com- plaint Officer such records with a report interpreting the re- sults of the test and recommending action to be taken by the City. ~r, ,~ ~..... , ... ~ _.