§ 5. [Standards for service.]

I.

Efficient telephone communication services. The grantee shall render efficient telephone communication service and, at a minimum, meet the standards set forth below:

(a)

Customer service response. The grantee shall have a customer service representative employed by the grantee available to handle customer calls from 9:00 a.m. to 6:30 p.m. Monday through Friday and from 9:00 a.m. to 1:00 p.m. on Saturdays excluding holidays. During all other times, each system must have a capable answering service for messages on repair service phone lines. Answering machines are not acceptable. The grantee shall maintain a log of calls made to the answering service, which shall be made available to the city clerk upon request by the city clerk.

(b)

Telephone system requirements.

(1)

The grantee shall have a phone system with separate phone lines for customer service, repair, engineering and sales and these numbers shall be listed in the local telephone directory under the categories stated above. Corporate and administrative phone lines shall be separate from the above-listed categories and may be listed in the local telephone directory.

(2)

If the city clerk reviews the complaints and finds them to be inordinate, the city clerk will request the grantee to provide the city clerk with a communication traffic study within 60 days of notice. The study will be conducted on all customer service trunk lines and must include information on the efficiency of the communication system measured from the telephone company's central office, as well as other performance information available from the grantee's communication equipment.

(3)

The specific standards which must be met are as follows:

A.

Sixty percent of all calls will be answered within five rings.

B.

Eighty percent of all calls will be answered within seven rings.

C.

Sixty percent of all calls will not be on hold longer than two minutes.

D.

Ninety percent of all calls will not be on hold longer than three minutes.

E.

A customer on hold will be informed every 60 seconds that the call is being attended to.

F.

Grade of service shall be equal to or better than P25 (no more than 25 calls out of each 100 calls will receive a busy signal).

(4)

The study must provide information that confirms that the grantee's communications system is properly trunked and staffed to meet the telephone system standards set out under paragraph (1) above, using generally accepted telephonic engineering methods.

(c)

Remedy. In the event that a deficiency has been determined to exist within grantee's communication system, in that the grantee fails to meet the standards set out under subsection (a) above, and further fails to meet the requirements set out under subsection (b) above, the grantee shall have a three-month period from notification of such deficiency to cure the same.

(d)

Reservation. The city commission has the right to modify the requirements herein as it reasonably deems appropriate to serve the public benefit, after notice to and input from grantee.

II.

Maintenance repairs, interruptions. The grantee shall maintain all parts of the system in good, safe and operable condition throughout the entire franchise period. The grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum system use.

III.

System compliance tests.

(a)

Conformity with FCC rules and regulations. The grantee shall be responsible for ensuring that the cable system operated in the city by the grantee is designed, installed and operated in a manner that fully conforms with all FCC's rules and regulations governing cable television. The grantee shall be fully prepared to demonstrate, on request by an authorized representative of the city, that the system does, in fact, comply with such rules and regulations.

(b)

Listing of channels. The grantee shall maintain at its local office a current listing of the cable television channels which the grantee delivers to its subscribers.

(c)

Special tests. The city may require or perform performance tests, including tests involving a specific subscriber's terminal to determine system performance. Requests for such tests will be made only on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The city shall endeavor to so arrange its request for such tests so as to minimize hardship or inconvenience to the grantee.

(d)

Subscriber terminal test requests. The grantee shall, upon reasonable request or complaint by a subscriber, perform such tests as necessary at the subscriber's terminal to establish whether a signal of requisite quality is being delivered to the subscriber's premises.

(e)

Recordkeeping and reports. All requested system compliance test reports, maintenance and outage logs, subscriber terminal test reports, and all leakage and interference logs, together with all data obtained in connection therewith, shall be preserved in the files of the grantee for three years. Copies of all such tests, reports and test data shall be furnished to the city clerk upon request.

IV.

Complaint procedure, records. The grantee shall maintain a payment center conveniently located in the city, which shall be open during all normal business hours and, have a publicly listed telephone, in accordance with section 5(I). The grantee shall maintain an office and service center conveniently located as determined in the city's discretion, which offices shall be open during all normal business hours, have a publicly listed telephone number, in accordance with section 5(I) and receive complaints and requests for repairs on a 24-hour seven-day-a-week basis. The grantee shall have a sufficient number of qualified technicians on call on a 24-hour basis to answer all service complaints. During the hours when a grantee service representative is not on duty to receive calls, an answering service shall call a standby qualified technician upon the answering service's receipt of each service complaint or request. Upon receipt of a service complaint involving an outage or other severe reception problem during normal working hours, the grantee shall respond by correcting the service complaint within four hours or by contacting the complainant and indicating why it cannot be corrected within the time period and when the situation will be remedied. The grantee shall respond to service complaints involving an outage or severe reception problem received during nonnormal hours by correcting the service complaint within 12 hours or by contacting the complainant within the same time period to indicate why it cannot be corrected in that time period and when the situation will be remedied. Complaints not involving an outage or severe reception problem shall be corrected within 24 hours except for matters outside of the control of the grantee. The grantee shall schedule service calls with subscribers to the extent reasonably practicable. The scheduling shall, at a minimum, be in timeframes of visitation of no more than four hours. If the appointment cannot be kept, the grantee shall notify the subscriber. In the event service to any subscriber is interrupted for 24 hours or more through the fault of the grantee, the grantee shall provide such subscriber with a pro rata rebate or credit. In calculating the rebate or credit, the time of outage shall be calculated from the time the outage is reported to the grantee. The grantee shall maintain records of the time of the complaint, nature of complaint, and any corrective action taken. These records shall be held by the grantee for two years and shall be made available to the city clerk upon request. The grantee may establish by rule a format for the annual summary. The grantee shall notify subscribers, at the time of initial subscription to the system, of the procedure for reporting and resolving complaints by delivering to each subscriber a written notice in a form approved by the city clerk, including a statement that unresolved complaints may be reported to the city clerk. A copy of every written complaint filed with the grantee shall be provided to the city clerk within 14 days after grantee's receipt of such complaint. A copy of every written complaint filed with the city shall be provided to the grantee within 14 days of receipt by city.