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531 <br /> <br />to privacy in conformance w£th 47 U.S. Section 631. Franch£see'e written <br />customer policies shall, at a minimum, comply with all notice requirements in <br />the ordinance and those promulgated by the FCC. If Franchlsee'a operating <br />rules are changed, subscribers will be not£f£ed. Rate and consumer complaint <br />information will be distributed annually to subscribers. <br /> B. Business Offices and Personnel. Franchisee shall establish and <br />maintain in Cabarrus County, a business office which shall, at a minimum, be <br />open for business and for repair 45 hours per week. Franchisee shall also <br />provide personnel, telephone service, including a locally listed telephone <br />number, and other equipment, as needed, to ensure timely, efficient and <br />effective service to consumers and for the purpose of receiving inquiries, <br />requests and complaints concerning aL1 aspects of the construction, <br />installation, operation, and maintenance of the system and for the payment of <br />subscribers' service charges. <br /> C. Subscriber Complaints. Pursuant to the Cable Ordinance, <br />Franchisee shall promptly respond to and resolve all subscriber complaints. <br />However, nothing herein shall require Franchisee to maintain or repair any <br />equipment or wiring not provided by it. <br /> D. Major Outages. Franchisee shall maintain records of all major <br />outages defined as a discontinuation of cable service from one or more fiber <br />nodes in the County of Cabarrus. Such records shall indicate the estimated <br />number of subscribers affected, the date and time of first notification of the <br />outage, the date and time service was restored, the cause of the outage and a <br />description of the corrective action taken. Such records shall be available <br />to the County during normal business hours upon reasonable prior notice and <br />retained in Franchisee's files for not less than three (~) years. Upon <br />written request, a statistical summary of such records shall be prepared by <br />Franchisee and submitted to the County annually. <br /> E. Consumer Standards. Franchisee shall meet the FCC's Standards for <br />Customer Service and the NCTA Consumer Standards. If Franchisee does not meet <br />the telephone busy standards in two (2) consecutive quarters the Franchisee <br />shall take corrective actions to ensure that such standards are met during the <br />next quarter. Franchisee shall upon request provide to the County annual <br />management data, including data from any service centers used by the <br />Franchisee related to compliance with the FCC's Standards for Customer <br />Service. At such time as Franchisee does not meet the FCC or NCTA standardst <br />and/or the Franchise and Ordinance requirements for repair for one quarter, <br />Franchisee shall take corrective action to ensure that such standards are met <br />during the next quarter. At such time as the FCC no longer promulgates <br />Consumer Service Standards, the FCC standards in effect on the effective date <br />of this Franchise will be in force provided all other cable franchisees are <br />held to the same standard. <br /> F. Downgrades. Subscribers shall have the right to have cable <br />service disconnected without charge or downgraded in accordance with FCC <br />rules. The billing for such service will be effective immediately and such <br />physical disconnection or downgrade shall be made as soon as practicable. A <br />refund of unused service charges shall be paid to the customer within forty- <br />five (45) days from the date of termination of service. <br /> G. Customer Information. Franchisee shall provide written customer <br />policies or a handbook to all new subscribers and , thereafter, upon request. <br />Franchisee's written customer policies or handbook shall, at a minimum, comply <br />with all notice requirements in the Ordinance and those promulgated by the <br />FCC. If franchisee's operating rules are changed subscribers shall be <br />notified in a timely manner. Rate and consumer complaint information will be <br />distributed annually to subscribers. <br /> H. Itemized Billing. Franchisee shall provide consumers with <br />itemized bills which delineate Franchisee's rates for programming tiers, pay <br />per view, and pay per channel. <br /> I. Outages. Franchisee, upon subscriber request, shall credit the <br />subscriber's account for verifiable outages of two (2) hours or more for the <br />levels of service affected by such outages. <br /> J. Subscriber Contracts. Ail contracts between Franchisee and their <br />subscribers shall be in compliance with the Cable Ordinance and this Franchise <br />Agreement. <br /> K. Negative Option Billing. Franchisee shall comply with Federal law <br />regarding negative option billing. <br />XV. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION <br /> Franchisee agrees that it shall not discriminate against any employee or <br />applicant for employment because of race, color, religion, sex, disability, <br />national origin, age, or marital status. In the employment of persons, <br />Franchisee shall fully comply with applicable local, state and federal law, <br />and shall take affirmative action to ensure that applicants are employed and <br />that employees are treated during employment without regard to their race, <br /> <br /> <br />