Section 5.34.050 Operation of Franchise.

A. Operator rules and regulations. The operator may adopt rules, regulations, terms, and conditions governing the conduct of its business as are reasonably necessary to enable the operator to exercise its rights and perform its obligations under the franchise and to assure an uninterrupted service to each and all of its customers. Any such rules, regulations, terms and conditions shall be in compliance with this ordinance and with applicable state and federal laws, rules, and regulations. Copies of all rules, regulations, terms and conditions including subscriber agreements together with any amendments, additions or deletions thereto, shall be kept currently on file with the City official designated to enforce provisions of this franchise ordinance.

C. Signal disruption. The operator shall respond to subscriber outages or poor signal reception within forty-eight (48) hours. The operator shall respond to problems involving twenty-five percent (25%) or more of the subscribers in the service area within twenty-four (24) hours, including non-business hours. Service and technical employees of the operator shall be clearly identified as employees of the operator. Repairs to the network shall be made with as little interruption of service as possible. Planned interruptions shall be preceded by a twenty-four (24) hour notice to all affected subscribers. When possible, planned interruptions shall be scheduled at times of minimum subscriber viewing.

E. Complaint file and reports. The operator shall keep an accurate and comprehensive file of all complaints regarding the cable communications system and the operator's actions in response to those complaints. The operator shall also maintain a log and summary of all service interruptions during any twelve (12) month period. The files shall be available for inspection by the City and the public during normal business hours provided such inspection does not conflict with the privacy provisions of the Cable Act and this ordinance.

F. Notification of access to property. The operator shall provide notice as is reasonable to subscribers and property owners before it enters upon or crosses any private property in order to access a public easement or right of way. For any type of construction, reasonable notice shall include personal contact with the owner or resident (at least eighteen (18) years of age) at least three (3) days prior to the access. Reasonable notice shall also include mailing or posting the property with a description of the work to be done, the purpose and time of the work, and the authority under which the operator may have access. All notices whether written or in person shall include a telephone number that individuals may call to ask questions or obtain additional information.

G. Restoration by operator. The operator shall repair, refill, replace and otherwise restore at its own expense any private or public property disrupted or damaged as a result of excavation, construction, maintenance or repair that may be caused by it and shall leave all ways and places in as reasonably good condition as that prevailing prior to the operator's activities without affecting any electrical or telephone cables, wires, or attachments and poles.

H. Restoration by City, reimbursement of costs. in the event of a failure by the operator to complete within ten (10) working days of construction any restoration work required by this ordinance, or any other work required by City ordinance, within the time established and to the satisfaction of the City, the City shall give the operator, by registered mail, five (5) working days notice to correct the failure. If after the notice period, the operator has not corrected the failure, the City may cause such work to be done and the operator shall reimburse the City the costs thereof within thirty (30) days prior to the effective date of the change.

I. Notification of change in service. The operator shall provide reasonable notice to subscribers and the City of any changes in service including but not limited to changes in available channels, tiers of service, and cost of service. Reasonable notice shah include printed notice to all subscribers and a letter to the City which details the change in service distributed at least thirty (30) days prior to the effective date of the change. The City may require a listing of existing rates in other comparable service areas of operator within the State of Utah.

K. Subscriber survey. The City may, at its discretion, require the operator to complete an annual subscriber survey, approved by the City, in order to determine community needs and customer satisfaction. Upon request, the operator shall provide mailing labels for all current subscribers and previous subscribers within the service area for the past twelve (12) months. All costs associated with conducting the survey, including preparation of the instrument and mailing costs shall be paid by the operator subject to the cost limitations as set forth in the 1984 cable act.

L Compliance. The operator shall provide to the City, upon request, but no more often than quarterly, the information necessary to monitor compliance with the standards set forth in this section. The operator shall not be held accountable for conditions acknowledged by the City to be beyond its reasonable control. If the operator fails to respond to a subscriber complaint as described in this section, the City shall give the operator written notice detailing such a violation. The operator shall then have fifteen (15) working days to comply with the standards or to represent to the City that it has made substantial progress toward compliance. In the event the violation continues beyond fifteen (15) working days, the operator shall pay the City one hundred dollars ($100) per day for each day the violation continues. The daily fine shall increase each five (5) working days by one hundred dollars ($100) to a maximum fine of five hundred dollars ($500) per day. The "fine" is for the express purpose of insuring that the operator complies with the service performance requirements of the ordinance. The fact that the assessment against the operator is denominated as a 'fine" or is construed to be a "penalty" shall not be grounds for invalidation of the provision. The 'fine" represents a fair and reasonable estimation of an amount of 'liquidated damages", which the operator agrees to pay, occasioned by the failure of the operator to abide by the service requirements of this ordinance. The City is the proper recipient of such "liquidated damages" occasioned by the breach of the service requirements. The operator shall pay the fine directly to the City. The City reserves the right to make demand on the surety bond in the event the operator does not volunteer the payments. In all cases where the operator is given notice by the City that a violation exists, the operator may, during the fifteen day notice period, request an opportunity to present to the City Council of the City evidence as to why the fine should not be imposed. The City Council may enforce, modify or suspend the fine based on a review of the violation and based on the evidence provided by the operator. The decision of the City Council shall be final and shall exhaust all administrative appeals through the City.