13.1 Maintenance Policy. Each Cable Operator shall promulgate and adhere to a preventative maintenance policy directed toward maximizing the reliability (mean-time-between-malfunctions) and maintainability (mean-time-to-repair) of its Cable System with respect to its delivery of Cable Service to Subscribers at or above the performance standard set forth herein. Whenever it is necessary to interrupt service for the purpose of making scheduled maintenance or repairs, adjustments, installations or other maintenance activities, the Cable Operator shall do so
at such a time as will cause the least inconvenience to Subscribers. Except in an emergency, and except for interruptions of five minutes or less which may occur during the course of normal maintenance, and except during the rebuild of the Cable System, service is to be interrupted for planned or scheduled maintenance or repairs between the hours of midnight and 7:00 a.m. where practicable.
13.2 Repair. Each Cable Operator shall maintain a repair department comprising qualified technicians, service vehicles and equipment to provide prompt and efficient repair service within the parameters set forth below.
13.3 Notice. Except in an emergency, and except for interruptions of five minutes or less, each Cable Operator shall give Subscribers at least 24 hours notice of any planned interruption of service for purposes of maintenance or repair. In an emergency, a Cable Operator shall give such notice as is reasonable in the circumstances. Notice given on the alphanumeric channels on Basic Service shall be considered sufficient. During any rebuild of the Cable System, a Cable Operator shall not be required to provide 24 hour notice of any interruption of service if such interruption is the direct result of rebuild work. However, a Cable Operator shall be required to provide written notification to Subscribers of planned rebuild work schedules and when Subscribers may experience service interruptions. A Cable Operator shall use its best
efforts to minimize the length of any service outage due to a rebuild.
13.4~ Repair Procedure. Each Cable Operator shall have a toll free telephone number listed in the local area and so operated that requests for repairs or adjustments can be received at any time, twenty-four (24) hours per day, seven (7) days per week. A recording device or answering service may be used during non-business hours. A Cable Operator’s responses to such requests shall occur no later than 24 hours after the Cable Operator’s receipt of such a request; provided, the response time for service complaints other than complaints of no or unusable service shall be computed excluding Sundays and holidays.
A Cable Operator shall respond within four (4) hours to any area outage that occurs between the hours of 7:00 a.m. and 10:00 p.m. of any day, and by not later than the following 11:00 a.m. to any area outage that occurs between 10:00 p.m. and 7:00 a.m. If a Cable Operator responds to a service complaint as herein required and the Subscriber is not satisfied that the problem giving rise to the original complaint has been resolved, the Subscriber shall notify the Cable Operator thereof within forty eight (48) hours of the repair visit by the Cable Operator personnel, and the Cable Operator shall have an additional period of twenty-four (24) hours within which to correct the problem. If such second complaint is made to Grantor instead of the Cable Operator, the Cable Operator shall have a period of twenty-four (24) hours after
receipt of oral or written notice from Grantor within which to make the correction. The requirements for maintenance and repair shall not apply to Subscribers’ television or radio receivers or other Subscriber-owned equipment.
13.5~ Rebate or Credit for Service Loss. Upon request, for every loss of service in excess of six (6) continuous hours, the Cable Operator shall grant a pro rata rebate or credit of the regular monthly charge to the Subscriber. In the event a Subscriber reports a loss of service to the Cable Operator, and such outage exceeds six (6) continuous hours, the Cable Operator shall grant the credit or rebate whether or not the Subscriber specifically requests it. The credit shall be pro-rated by multiplying the applicable monthly service rate by a fraction whose numerator equals the number of days of the outage and whose denominator equals the number of days in the month of the outage. In no case shall the refund be less than twenty-four (24) hours’ credit. For purposes of this paragraph, loss of Basic Service shall be
considered a Subscriber’s receipt of less than two-thirds of the respective available channels, and loss of pay Cable Service shall be considered the loss of signal on any pay Channel. The Cable Operator shall give the Subscriber a credit no later than the next billing cycle.
13.6 Records. Each Cable Operator shall maintain records of all oral and written complaints regarding quality of service, equipment malfunctions, billing procedure, and similar matters that requires further action on the part of the Cable Operator. Such records shall show the exact date and time of receipt of all such customer complaints, identifying the Subscriber, the nature of the complaint and the exact time action was taken by the Cable Operator in response thereto, together with a description of such action. Each Cable Operator shall also maintain a record of all whole or partial system outages, including the date, approximate time and duration, type and probable cause of each outage, except for outages caused by routine testing or maintenance. Such records shall be available at the Cable Operator’s local office for
at least two (2) years, for inspection by Grantor as it may from time to time request, during regular business hours and upon reasonable notice, subject to any privacy restrictions imposed by law. A Cable Operator shall, within ten (10) days after receiving a written request therefore, send a written report to Grantor with respect to any complaint. Such report shall provide a full explanation of the investigation, finding(s) and corrective steps taken.