SUMMARY - An ordinance that allows cable
            television companies to use public rights-of-way
            and regulates that use and their business practices.

AN ORDINANCE ADDING A NEW CHAPTER 5.02 TO TITLE 5 OF THE CLARK COUNTY CODE; RELATING TO CABLE TELEVISION; REQUIRING CABLE COMPANIES TO OBTAIN AUTHORIZATION TO INSTALL, OPERATE, MAINTAIN, AND USE CABLE SYSTEMS IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE ISSUANCE, TRANSFER AND REVOCATION OF CABLE FRANCHISES, CABLE SERVICE PERMITS AND OPEN VIDEO SYSTEM AUTHORIZATIONS; REGULATING CABLE SYSTEM DESIGN, CONSTRUCTION AND OPERATION; IMPOSING CONDITIONS ON CABLE COMPANIES’ OCCUPANCY OF PUBLIC RIGHTS-OF-WAY; IMPOSING CUSTOMER SERVICE STANDARDS ON CABLE COMPANIES; REQUIRING PAYMENT OF FRANCHISE AND PERMIT FEES; PROVIDING FOR RECORDS AND REPORTS; REQUIRING INSURANCE AND PERFORMANCE SECURITY; PROVIDING FOR LIQUIDATED DAMAGES; REGULATING OPEN VIDEO SYSTEMS; DISCLAIMING ANY INTENT TO BENEFIT THIRD PARTIES OR PROVIDE A PRIVATE RIGHT OF ACTION; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title 5 of the Clark County Code is amended by adding a new Chapter 5.02 as follows:

(1) "Access Channel" means any channel on a cable system designated by a cable company for community, educational, or governmental use.

(2) "Affiliate" means any person who owns or controls, is owned or controlled by, or is under common ownership or control with an entity.

(3) "Agreement" means the written agreement between the county and a cable company, evidencing the county’s authorization for a cable company to provide cable service; for companies granted a cable franchise, all use of the term shall refer to their agreement so styled; for companies granted a cable service permit, all use of the term shall refer to their agreement so styled.

(4) "Basic Service" means any cable service tier which includes the retransmission of local television broadcast signals.

(5) "Business License" means the written authorization required by the county for any person who commences, carries on, engages in, or conducts a business, occupation, trade, or employment, as delineated in Title 6 of this code, within the county.

(6) "Cable Act" means Title VI of the Communications Act of 1934, as amended, 47 U.S.C. §§ 521 et seq.

(7) "Cable Company" means a person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a cable franchise or cable service permit by the county.

(8) "Cable Franchise" or "Franchise" means the non-exclusive right granted by the county to install, maintain and operate a cable system in the county rights-of-way to provide cable service, and other services allowed by law, to subscribers within the county, in accordance with the terms and conditions set forth in this chapter. Any such authorization, in whatever form granted, shall not mean or include any other license or permit required for the privilege of transacting and carrying on a business within the county as required by the ordinances and laws of the county, or for attaching devices to poles or other structures, whether owned by the county or a private entity, or for excavating or performing other work in or along rights-of-way.

(9) "Cable Ordinance" means Clark County Code Chapter 5.02, as it may be amended from time to time.

(10) "Cable Service" means (A) the one-way transmission to subscribers of video programming or other programming service; and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(11) "Cable Service Permit" means a non-exclusive authorization granted by the county to a person to use rights-of-way to provide cable service when such person (A) holds a franchise granted by the county for purposes other than cable service, or (B) utilizes the system of another person. Any such authorization, in whatever form granted, shall not mean or include any other license or permit required for the privilege of transacting and carrying on a business within the county as required by the ordinances and laws of the county, or for attaching devices to poles or other structures, whether owned by the county or a private entity, or for excavating or performing other work in or along rights-of-way.

(12) "Cable System" or "System" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within the franchising authority, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves subscribers without using any right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with 47 U.S.C. § 573; or (E) any facilities of any electric utility used solely for operating its electric utility system. A reference to a cable system refers to any part thereof, including, without limitation, converters. The foregoing definition of "cable system" shall not be deemed to circumscribe or limit the valid authority of the county to regulate or franchise or permit the activities of any other communications system or provider of communications services to the full extent permitted by law.

(13) "Channel" means a six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals.

(14) "Channel Equivalent" means the system capacity required to provide the transmission of a video signal, with accompanying audio, that is in digital format and capable of producing sound and picture of NTSC quality or better, based on the technology then in use in the system.

(15) "Code" means the official code of all the ordinances of a general and permanent character of the County of Clark, State of Nevada, as may be adopted and amended by the county commission.

(16) "Control" means actual working control in whatever manner exercised.

(17) "Converter" means an electronic device which may serve as an interface between a system and a subscriber's television receiver or other terminal equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion and channel selection.

(18) "County" means the county of Clark, Nevada, or, as appropriate in the case of specific provisions of this chapter or an agreement, any board, bureau, authority, agency, commission, department of, or any other entity specifically designated by the county to act on behalf of the County of Clark, Nevada, or any officer, official, employee, or agent thereof, or any successor thereto. When used in a geographical or territory of jurisdiction context, means the unincorporated areas, including the unincorporated towns within Clark County, Nevada.

(19) "County Commission" or "Commission" means the Board of County Commissioners of the county of Clark, State of Nevada, the governing body of the county.

(20) "County Manager" means the county manager appointed by the Board of County Commissioners to perform such administrative functions of the county government as may be required of him by the Board, or his designee.

(21) "Director of Administrative Services," "Director of Business License," or "Director of Public Works" means the county departmental director so named in each case, or his designee.

(22) "Educational Access Channel" or "Educational Channel" means any channel on a cable system designated by the company for educational use.

(23) "Facilities" means antennae, transmitters, poles, wires, cables, conduits, amplifiers, instruments, equipment, and other appliances used in connection therewith or appurtenant thereto to provide cable service in the county.

(24) "FCC" means the Federal Communications Commission, its designee, or any successor thereto.

(25) "Governmental Access Channel" or "Government Channel" means any channel on a cable system designated by a cable company for government use.

(26) "Gross Revenues" means any and all cash, credits, property or other consideration of any kind or nature arising from, attributable to, or in any way derived directly or indirectly by a cable company, its affiliates, or by any other entity that is a cable operator of the system, from the operation of such cable company's cable system (including the studios and other facilities associated therewith) to provide cable services. Gross revenues shall be calculated and reported based on generally accepted accounting principles (GAAP). Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, per-program service, or cable programming service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees and any other fees from lease or license of the system for cable services; late fees and administrative fees; revenues from rentals or sales of converters or other equipment; studio rental, production equipment, and personnel fees for programming carried on the system; advertising revenues; barter; revenues from program guides; revenues from home shopping and bank-at-home channels; and (to the extent permitted by applicable law) revenues from Internet services provided using the cable system. Gross revenues shall include an allocated portion of any revenue derived by the company or its affiliates pursuant to any regional, national or international compensation arrangement for any service or activity derived from the operation of the system in the service area, e.g., advertising. Such an allocation shall be based on the number of subscribers in the service area divided by the total number of subscribers relevant to such regional or national arrangements. Gross revenues shall not include any bad debt, provided, however, that all or any part of any such actual bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected. Gross revenues shall not include any taxes on services furnished by a cable company which are imposed directly on any subscriber or user by the state, county, or other governmental unit and which are collected by a cable company on behalf of said governmental unit. A franchise fee or cable service permit fee is not such a tax. Gross revenues shall exclude any net amount actually paid by a company to a programmer for pay or premium channels (i.e., video programming offered on a per channel or per program basis as those terms are applied in federal law).

(27) "Installation" means the connection of system services to subscribers' television receivers or other subscriber-owned or -provided terminal equipment.

(28) "Leased Access Channel" or "Commercial Access Channel" means any channel on a cable system designated for use by a person unaffiliated with the cable company.

(29) "Normal Business Hours" means those hours during which most similar businesses in the community are open to serve customers, including some evening hours at least one night per week and/or some weekend hours.

(30) "Normal Operating Conditions" means those service conditions that are within the reasonable control of a cable company. Conditions that are not within the reasonable control of a cable company include, but are not limited to, natural disasters, civil disturbances, power outages, and telephone network outages. Conditions that are within the reasonable control of a cable company include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of a cable system.

(31) "Outage" means a service interruption affecting all subscribers that are served by any single node of the system that facilitates the provision of cable service to subscribers within a discrete area within the service area.

(32) "Person" means any natural person, including the estate of a natural person, or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but such term does not include the county.

(33) "Premium Service" means any cable service offered on a per-channel, per-program or per-view basis.

(34) "Public Access Channel" or "Community Access Channel" means any channel on a cable system set aside by a cable company for use by the general public, including groups and individuals, and which is available for such use on a non-discriminatory basis under the terms and conditions set forth by an agency established by interlocal agreement for oversight of such access.

(35) "Public Improvements" means new roadways and pavements, sidewalks, curbs and gutters, landscaping, street lights, foundations, poles and traffic signal conduits, water mains, sanitary and storm sewers, tunnels, subways, people movers, viaducts, bridges, monorails, underpasses, and overpasses, or other public facilities across along over or under any right-of-way, or other such improvements which are to be used by the general public.

(36) "Rights-of-Way" means public property including air space dedicated to, granted, or held or prescriptively used by the county for public street purposes.

(37) "Service Area" means an area within the county specified in an agreement wherein a cable company is authorized to provide cable services.

(38) "Service Interruption" means loss of picture or sound on one or more channels, or degradation of picture or sound beyond permissible levels as defined by applicable law, caused by the system.

(39) "Street" means the surface, the air space above the surface and the area below the surface of the full width of the right-of-way, including sidewalks and thoroughfares, places or ways of any kind used by the public or open to the public as a matter of right for the purposes of vehicular traffic or vehicular and pedestrian traffic.

(40) "Subscriber" means any person lawfully receiving any cable service provided by the company by means of or in connection with its cable system, whether or not a fee is paid for such cable service.

(41) "System Upgrade" means a major improvement or enhancement in the technology or service capabilities made by a cable company to its cable system.

(42) "Transfer" means (A) any transaction in which: (i) any ownership or other right, title, or interest of more than five percent (5%) in a cable company or its cable system is transferred, sold, assigned, leased, sublet, or mortgaged, directly or indirectly, in whole or in part; or (ii) there is any change or transfer of control of a cable company or cable system; or (iii) the rights and/or obligations held by a cable company under its cable franchise or cable service permit are transferred, directly or indirectly, to another party; or (iv) any change or substitution occurs in the managing general partners of a cable company, where applicable; or (v) a cable company, or its corporate parents at any level, enter into any transaction that materially increases the debt that is to be borne by the cable system directly or indirectly, in a manner that will adversely affect subscribers.

(B) A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation of five percent (5%) or more of the ownership of an entity by any person or group of persons acting in concert, none of whom already own or control fifty percent (50%) or more of such right or control, singularly or collectively.

(C) The cable company is responsible for ensuring that the intent of this chapter regarding transfers is carried out. If for any reason an event occurs that would require the county’s approval of a transfer pursuant to this chapter, whether or not such event is directly or indirectly within the cable company's control, such event shall constitute a transfer for purposes of this chapter and any applicable law.

(43) "User" means a person or organization using a channel or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

(a) Ensure that state-of-the-art cable services be provided to as many county residents as possible.

(b) Establish rules and regulations governing those aspects of the operations of cable companies over which the county has legal jurisdiction, and ensure that these rules are applied in a non-discriminatory manner to all cable service providers.

(c) Provide for the present and future cable-related needs of the county.

(d) Ensure that cable companies fairly compensate the county for occupation and use of valuable local rights-of-way.

(e) Establish the county’s policy concerning right-of-way management for all cable companies.

(a) It is unlawful for a person to construct or operate a cable system or to provide cable service to any subscriber within the county, through a system owned by that person or owned by another person, unless having first been granted an authorization specific to such purpose by the county, under the provisions of this chapter.

(b) A person who does not (1) hold a franchise granted by the county for purposes other than cable service or (2) utilize the system of another person, shall not install, maintain or operate a system in the rights-of-way and provide cable service to subscribers within the county unless the county first grants such person a cable franchise, as evidenced by an agreement so styled. Holders of cable franchises shall comply with all provisions of this chapter.

(c) A person (1) who holds a franchise granted by the county for purposes other than cable service, or (2) who utilizes the system of another person, shall not provide cable service to subscribers within the county unless the county first grants such person a cable service permit, as evidenced by an agreement so styled. Holders of cable service permits shall comply with all provisions of this chapter.

(d) A person utilizing the system of another person shall nonetheless ensure compliance with all laws and regulations regarding conditions of right-of-way occupancy and regarding technical standards applicable to a cable system.

(e) Any person who occupies the rights-of-way of the county for the purpose of operating or constructing a cable system and who does not hold a valid cable franchise from the county shall be subject to all provisions of this chapter, including but not limited to its provisions regarding construction and technical standards and franchise fees. In its discretion, the county at any time may require such person to enter into an agreement within thirty (30) days of receipt of a written notice by the county that such an agreement is required; require such person to remove its property and restore the area to a condition satisfactory to the county within a reasonable time period, as the county shall determine; remove the property itself and restore the area to a satisfactory condition and charge the person the costs therefor; and/or take any other action it is entitled to take under applicable law, including filing for and seeking damages under trespass. In no event shall a cable franchise be created unless it is issued by action of the county and subject to a written agreement.

(a) Characteristics of Grant of Authority.

(1) A cable franchise authorizes use of rights-of-way for installing and maintaining facilities for the operation of a cable system to provide cable service within a service area and to utilize such system to provide such other services as are allowed by applicable state and federal law and this code, but does not expressly or implicitly authorize a cable company to provide service to, or install a cable system on, private property, or county property outside the rights-of-way, without owner consent (except for use of compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with the owners.

(2) A cable service permit authorizes a cable company to provide cable services to subscribers within the county through a system which utilizes rights-of-way under the authority of a franchise granted by the county for purposes other than cable services, or which is owned by another person.

(3) A cable franchise or cable service permit shall constitute both a right and an obligation to the county to provide the cable services regulated by the provisions of this chapter and their agreement.

(4) A cable franchise or cable service permit is non-exclusive and will not explicitly or implicitly preclude the issuance of other authorizations to operate cable systems within the county.

(5) All privileges prescribed by a cable franchise or cable service permit shall be subordinate to (without limitation) the county's use and any prior lawful occupancy of the rights-of-way.

(b) Cable Company Subject to Other Laws, Police Power.

(1) A cable company shall at all times be subject to and shall comply with all applicable federal, state, and local laws and FCC regulations. A cable company shall at all times be subject to all lawful exercise of the police power of the county, including without limitation all rights the county may have under 47 U.S.C. § 552. Nothing in this Agreement shall be deemed to waive the requirements of the various codes and ordinances of the county regarding permits, zoning, fees to be paid, or manner of construction, installation, operation, maintenance, or repair of system equipment.

(2) No course of dealing between a cable company and the county, or any delay on the part of the county in exercising any rights hereunder, or any acquiescence by the county in the actions of a cable company that are in contravention of such rights (except to the extent such rights are expressly waived by the county) shall operate as a waiver of any such rights of the county.

(3) The county shall have the maximum authority to regulate cable systems, cable companies, cable franchises and cable service permits as may now or hereafter be lawfully permissible; except where rights are expressly waived by an agreement, they are reserved, whether expressly enumerated or not.

(4) The county may, from time to time, issue such reasonable rules and regulations concerning cable systems, cable companies, cable franchises, cable service permits and open video system authorizations as are consistent with applicable law.

(c) Interpretation of Cable Franchise or Cable Service Permit Terms. Subject to federal law or regulation, an agreement will be governed by and construed in accordance with the laws of the State of Nevada.

(d) Acts at Cable Company's Expense. Any act that a cable company is or may be required to perform under this chapter, an agreement, or applicable law shall be performed at the cable company's expense, unless expressly provided to the contrary in this chapter, the agreement, or applicable law.

(e) Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the county's rights of eminent domain to the extent to which they may apply to any public utility or cable system.

(a) Application Required.

(1) A written application shall be filed with the county for grant of an initial cable franchise or cable service permit or modification of an agreement pursuant to 47 U.S.C. § 545.

(2) To be acceptable for filing, a signed original of the application shall be submitted together with two (2) copies. The application must conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of all applicants with respect to the application.

(3) All applications accepted for filing shall be made available by the county for public inspection.

(b) Application for Grant of an Initial Cable Franchise or Cable Service Permit.

(1) A person may apply for an initial cable franchise or cable service permit by submitting an application containing the information required in this section to the director of administrative services. Upon receipt of such an application, the director may either (A) evaluate the application conducting such investigations as he deems necessary; or (B) issue a Request for Proposals ("RFP"), after conducting, if necessary, a proceeding to identify the future cable-related needs and interests of the community. Any such RFP shall be mailed to the person requesting its issuance and made available to any other interested party. The RFP may contain a proposed agreement.

(2) An applicant shall respond to an RFP by filing an application within the time set by the director, providing the information and material set forth in this section. The procedures, instructions, and requirements set forth in the RFP shall be followed by each applicant. Any applicant that has already filed any materials pursuant to this section need not refile the same materials with its RFP response, but must amplify its application to include any additional or different materials required by the RFP. The director may seek additional information from any applicant and establish deadlines for the submission of such information.

(3) A person may apply for an initial cable franchise or cable service permit by submitting an unsolicited application containing the information required in this section and requesting an evaluation of that application. Prior to evaluating that application, the director may conduct such investigations as are necessary to determine whether the application satisfies the standards of this section and may seek additional applications.

(4) In evaluating an application for a cable franchise or cable service permit, the director shall consider, among other things, the following factors:

(A) The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise or cable service permit with the county;

(B) Whether the quality of the applicant's service under any existing cable franchise or cable service permit in the county, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served;

(C) Whether the applicant has the financial, technical, and legal qualifications to provide cable service;

(D) Whether the application satisfies any minimum requirements established by the county and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests;

(E) Whether the applicant will provide adequate community, educational, and governmental access channel capacity, facilities, or financial support;

(F) Whether issuance of a cable franchise or cable service permit is warranted in the public interest considering the immediate and future effect on the rights-of-way and private property that would be used by a cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the rights-of-way; the effect of granting an agreement on the ability of the Cable Company to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing applications.

(G) What effects a grant may have on competition in the delivery of cable service in the county.

(5) If the county finds that it is in the public interest to issue a cable franchise or cable service permit considering the factors set forth above, and subject to the applicant's entry into an appropriate agreement, it shall issue a cable franchise or cable service permit. If the county denies a cable franchise or cable service permit, it will issue a written decision explaining why it was denied. Prior to deciding whether or not to issue a cable franchise or cable service permit, the county may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The county also may grant or deny a request based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP. This chapter is not intended and shall not be interpreted to grant any applicant or existing cable company standing to challenge the denial of its application or the issuance of a cable franchise or cable service permit to another.

(c) Contents of Application. An RFP for the grant of an initial cable franchise or cable service permit shall require, and any such application shall contain, at a minimum, the following information:

(1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five (5) percent or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person.

(2) A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel.

(3) A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria:

(A) If the county has denied an applicant's previous request for an initial cable franchise or cable service permit, that applicant may not apply for an initial cable franchise or cable service permit again until at least three (3) years have elapsed since the date of such denial.

(B) The applicant must not have had any cable franchise or other such authorization validly revoked by any franchising authority within three (3) years preceding the submission of the application.

(C) The applicant must have the necessary authority under Nevada law to operate a cable system or to provide cable services.

(D) The applicant must have the necessary authority under federal law to hold a cable franchise or cable service permit, operate a cable system and/or to provide cable services. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed.

(E) The applicant shall not be issued a cable franchise or cable service permit if, at any time during the ten (10) years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the county and subscribers, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct.

(F) The applicant shall not be issued a cable franchise or cable service permit if it files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.

(G) The applicant shall not be issued a cable franchise or cable service permit if an elected official of the county holds a controlling interest in the applicant or an affiliate of the applicant. Notwithstanding the foregoing, the county shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a cable franchise or cable service permit by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant's principals, or the remoteness of the matter from the operation of cable systems.

(4) If applicable, a statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction of the cable system proposed.

(5) A description of the applicant's prior experience in cable system ownership, construction, operation, or provision of cable service and identification of communities in which the applicant or any of its principals have, or have had, a cable franchise or cable service permit or other such authorizations and any interest therein.

(6) Identification of the area of the county to be served by the proposed cable company, including a description of the proposed service area's boundaries.

(7) A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities.

(8) Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location; the proposed construction schedule; a description, where appropriate, of how services will be converted from existing facilities to new facilities; and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities.

(9) The proposed rate structure, including projected charges for each service, installation, converters, and all other proposed equipment or services.

(10) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the applicant will meet the needs described in any recent community needs assessment conducted by or for the county, and how the applicant will provide adequate community, educational, and governmental access channel capacity, facilities, or financial support to meet the community's needs and interests.

(11) Pro forma financial projections for the proposed cable franchise or cable service permit term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.

(12) If the applicant proposes to provide cable service to an area already served by an existing cable company, the identification of the area where any overbuild would occur and the ability of the rights-of-way and other property that would be used by the applicant to accommodate an additional system.

(13) Any other information that may be reasonably necessary to demonstrate compliance with the requirements of this Chapter.

(14) Any additional information that the county may request of the applicant that is relevant to the county's consideration of the application.

(15) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements.

(16) If the applicant was formed less than two years before the date of application, this same information shall be supplied for each party owning an interest of ten percent or more in the applicant.

(17) A statement that the applicant has applied for a business license in accordance with Title 6 of this Code.

(18) The county may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this section.

(d) Application for Grant of a Renewal of a Cable Franchise or Cable Service Permit. The renewal of any cable franchise or cable service permit shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. § 546. A cable company shall cooperate with the county in any renewal proceeding and shall provide such information as the county shall reasonably request in such a renewal proceeding.

(e) Application for Modification of a Cable Franchise or Cable Service Permit. An application for modification of an agreement shall include, at minimum, the following information:

(1) The specific modification requested;

(2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas;

(3) A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545;

(4) Any other information that the applicant believes is necessary for the county to make an informed determination on the application for modification; and

(5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.

(f) Public Hearings. An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given an opportunity to be heard. In addition, prior to the issuance of a cable franchise or cable service permit, the county shall provide for the holding of a public hearing within the proposed service area, following reasonable notice to the public, at which every applicant and its applications shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard.

(g) Public Notice Expense. The applicant shall reimburse the county for all costs relating to public notices made for the purpose of hearings conducted in the course of considering the application.

(h) Acceptance of Cable Franchise or Cable Service Permit. Following approval by the county, any cable franchise or cable service permit granted pursuant to this chapter, and the rights, privileges and authority granted by an agreement, shall take effect and be in force from and after the first date on which both the cable company and the county have signed the agreement.

(a) System Construction Schedule: If applicable, every agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system.

(b) Design Requirements: A cable company's cable system or other system which it uses shall, at all times during the cable franchise term, meet or exceed the following requirements:

(1) Continuous 24-Hour Operation. A cable system shall be capable of continuous twenty-four (24) hour daily operation without severe material degradation of signal except during extremely inclement weather or immediately following extraordinary storms that adversely affect utility services or damage major system components or due to other force majeure.

(2) Temperature Specifications. A system shall be capable of operating over an outdoor temperature range of -40 degrees F to +130 degrees F and over variation in supply voltages from 105 to 130 volts AC without catastrophic failure or irreversible performance changes. A system shall meet all applicable specifications over an outdoor temperature range of -40 degrees F to +130 degrees F and over variation in supply voltages from 105 to 130 volts AC.

(3) No Deterioration to Access Signals. A system shall be so constructed and operated that there is no significant deterioration in the quality of access channel signals or leased access signals, either upstream or downstream, as compared with any other channel on that system. Deterioration refers to any signal problem, including but not limited to ghost images and other interference and distortions.

(4) Industry-accepted Equipment. A system shall use equipment generally used in high-quality, reliable, modern systems of similar design, including but not limited to backup power supplies capable of providing power to the system for not less than three hours according to manufacturer's reasonable specifications, in view of local conditions, in the event of an electrical outage. The obligation to provide such backup power supplies shall apply to a cable company's headend, each fiber optic node, and any other location(s) within the system necessary to maintain service to Subscribers for not less than three hours in the event of an electrical outage, as described above.

(5) Program Security. A system shall include equipment so that any pay-per-view programming can only be activated by the positive action of a subscriber using, for example, a private identification number or other individual selection procedure.

(6) Handicapped Service. All closed-caption programming retransmitted by a system shall include the closed-caption signal. For hearing impaired subscribers, a cable company shall provide information concerning the cost and availability of equipment to facilitate the reception of all basic services for the hearing impaired. In addition, a cable company must have TDD/TTY (or equivalent) equipment at the company office, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company. Upon request, a cable company shall provide, for purchase or lease, a remote control device to those subscribers who are mobility limited, or where a member of the subscriber's household is mobility limited.

(c) Emergency Alert System.

(1) A cable company shall install and maintain an Emergency Alert System ("EAS") that meets all requirements of federal law, which shall be available for use by the county.

(2) This EAS shall be remotely activated by telephone and shall allow a representative of the county to override the audio and video on all channels on the cable company's system that may lawfully be overridden, without the assistance of the cable company, at least to the extent necessary to insert audio and video warnings (such as a "crawl" at the bottom of a picture) to tune to a governmental access channel or other source for emergency broadcasts.

(3) The county will provide reasonable notice to a cable company prior to any test use of the EAS. A cable company shall cooperate with the county in any such test.

(d) Uses of System. A cable company must agree to advise the county of all active uses of the system, for both entertainment and other purposes, and the county shall have the right to conduct audits of such usage upon reasonable notice. A cable system and all its parts shall be subject to inspection by the county.

(e) System Tests and Inspections.

(1) A cable company shall perform all tests necessary to demonstrate compliance with the requirements of the cable franchise or cable service permit and other performance standards established by law or regulation, and to ensure that the system components are operating as expected. All tests shall be conducted in accordance with federal rules.

(2) A cable company shall conduct tests as follows:

(A) acceptance tests on each newly constructed or rebuilt segment prior to subscriber connection or activation;

(B) proof of performance tests on the system as required by FCC rules, except as federal law otherwise limits the cable company's obligation;

(3) Tests shall be supervised by a cable company's registered professional engineer, who shall sign all records of tests provided to the county.

(4) A written summary report of test results shall be filed with the county within seven (7) days of each test. In addition, a cable company shall retain written reports of the results of any tests required by the FCC, and such reports shall be submitted to the county upon the county's request.

(5) The county reserves the right to conduct its own tests upon reasonable notice to a cable company. If substantial non-compliance is found, the expense thereof shall be borne by the cable company. The county will endeavor to arrange any request for such tests so as to minimize hardship or inconvenience to the cable company or to subscribers.

(f) System Maintenance. A cable company shall schedule maintenance on its system so that activities likely to result in an interruption of service are performed during periods of minimum subscriber use of the system according to FCC rules and regulations.

(a) A cable company shall comply with this chapter and the improvement standards adopted in title 27 of this code, as adopted by the county commission and in effect at time of construction completion, except where retroactive application of new standards is required by federal or state law.

(b) Prior to any work within the rights-of-way, the cable company shall obtain an encroachment permit pursuant to title 27 of this code.

(c) When the public improvement designs prepared by the cable company are more detailed than, or are not covered by, the improvement standards adopted in title 27 of this code, plans and specifications for construction, reconstruction, installations, and repairs of public improvements shall be sealed by a Nevada registered professional engineer.

(d) Except in the case of an emergency, and except as provided in subsection (e) of this section, a cable company who is the initiator of a project in a street or easement along which residential yards are located and maintained shall notify residents who are located adjacent to the proposed project at least two (2) days prior to the date that the cable company proposes to commence construction. Such notice shall be by written notice in person, by posted notice on the street where the proposed project is scheduled to be built (which notice is to be large enough to be clearly read by passing motorists), by door hanger, or by mail, with a description of the proposed project and the name of the cable company together with its business phone number.

(e) Before placing a facility in an easement within a single-family residential property, a cable company shall provide the homeowner with written notice no less than five (5) days before such installation. Such notice shall advise the homeowner of:

(1) The location within the easement where the cable company plans to locate the facility;

(2) The homeowner's right to select another place within the easement to locate the facility, if such location is technically feasible for the cable company;

(3) The cable company's obligation to camouflage the facility, either by landscaping or by some other method reasonably acceptable to the homeowner.

(f) All public improvement work performed by the cable company in rights-of-way shall be inspected, completed and accepted in accordance with this chapter and the improvement standards adopted in title 27 of this code.

(g) In the case of damage caused by the cable company to any rights-of-way, the cable company shall at no cost or expense to the county repair, replace and restore the damaged area in accordance with current improvement standards adopted in title 27 of this code.

(h) The cable company shall not acquire any vested right or interest in any particular right-of-way location for any of its facilities constructed, operated, or maintained in any existing or proposed rights-of-way, even though such location was approved by the county.

(i) Reconstruction, removal or relocation of a cable company’s facilities to accommodate a public improvement shall be provided for in the following manner:

(1) The county or Las Vegas Valley Water District, Kyle Canyon Water District, Big Bend Water District or Clark County Sanitation District shall issue to a cable company written notice of a need to reconstruct, remove, or relocate any of cable company’s facilities which may be in conflict with an existing or proposed public improvement in order to accommodate the installation, maintenance, or use of the public improvement. Such written notice shall include project information equivalent in detail to fifty percent (50%) or more of final design for the public improvement. The cable company shall, within thirty (30) days after receiving such written notice from the county or district, as described in this paragraph, present to the director of public works a notice of intent to reconstruct, remove, or relocate said facilities, and shall, within six (6) months after receipt of written notice from the county or district, or such shorter time period as may be reasonable, reconstruct, remove, or relocate said facilities. Upon request from a cable company identifying a recommended location for its facilities, the director of public works shall provide that location or an alternate location within the right-of-way for the cable company if space is available.

(2) Within thirty (30) days after receipt of such written notice from the county or district, as described in paragraph (1) of this subsection, the cable company may present a written application and supporting documentation to the director of public works for an extension of time in which to complete reconstruction, removal or relocation of its facilities. The director of public works may grant additional time beyond the time period provided if the additional time requested is due to service, equipment, or material delivery constraints beyond the control and without the fault or negligence of the cable company, or if the project described in the written notice is of such a size that the work to be performed by the cable company cannot be completed within the allowable time.

(3) If after the issuance of the initial written notice the county or district, as described in paragraph (1) of this subsection, makes a substantial change in the design of the public improvement project, including but not limited to changes in elevation, changes affecting public right-of-way alignment and widths of alignment, the county or district, as described in paragraph (1) of this subsection, shall notify the cable company of the details of the substantial change. If the cable company determines that such change would cause a delay in reconstruction, removal or relocation of its facilities beyond the time period provided, the cable company may, within fourteen (14) days from receipt of notice of such change, petition the director of public works for an extension of time in which to complete reconstruction, removal or relocation of facilities. If the additional time is requested due to service, equipment, or material delivery constraints beyond the control of the cable company, or if the public improvement design change is of such a scope that the work to be performed by the cable company cannot be completed within the time period allowed, the director may grant an extension of time. If the request for extension of time is denied, the cable company may appeal the denial to the county commission within fourteen (14) days from receipt of notice of denial. The decision of the county commission shall be final.

(4) The county or district, as described in paragraph (1) of this subsection, shall provide the cable company with a final design of the public improvement as soon as it becomes available.

(5) If cable company fails to reconstruct, remove, or relocate its facilities as required by this section within the time period agreed upon, the county may reconstruct, remove, or relocate said facilities and charge the cost of reconstruction, removal, or relocation to the cable company. The county will not be held liable for any losses or damages due to reconstruction, removal, or relocation of such facilities.

(j) The cable company shall, on request of any person holding a permit to move a building, temporarily raise or lower its wires or cables to permit the movement of the building. The expense of temporary removal of raising or lowering of wires shall be paid by the person requesting it, and the cable company shall have the authority to require such payment in advance. The cable company shall be given not less than thirty (30) days’ advance notice to arrange temporary wire or cable alterations.

(k) Whenever, in case of emergency, it becomes necessary to remove any of the cable company’s facilities, no charge shall be made by the cable company against the county for loss, damage, restoration, and repair.

(l) A cable company shall maintain and provide to the county, upon request and at no cost, as-built plans indicating the location of its facilities. A cable company may provide, on a voluntary basis, electronic plans showing the general location of its facilities in rights-of-way.

(m) A cable company shall participate in "Call Before You Dig" or any other such programs active in its service area with regard to giving and receiving notice of the location of facilities and excavations.

(n) Without limiting the foregoing, antennae and their supporting structures (towers) shall be designed in accordance with the Uniform Building Code as amended, and shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local laws, codes, and regulations, all as hereafter may be amended or adopted.

(o) If any removal, relaying, or relocation of a cable company’s facilities is required to accommodate the construction, operation, or repair of the facilities of another person that is authorized to use the rights-of-way, a cable company shall, after thirty (30) days’ advance written notice, take action to effect the necessary changes requested by the responsible entity.

(p) Neither the county nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to a cable company as a result of or in connection with the protection, movement, removal, alteration, or relocation of any part of a cable system by or on behalf of a cable company or the county in connection with any emergency, public work, public improvement, alteration of any publicly owned structure, any change in the grade or line of any right-of-way.

(q) A cable company shall place its system lines underground in localities where both telephone and power lines are underground, and shall replace aerial facilities with underground facilities concurrently with telephone and power utilities when both types of utilities are required by the county to place facilities underground. Where undergrounding is required, system passive or active electronics may be housed only in low-profile, above-ground pedestals, as approved by the county.

(r) Any contractor or subcontractor used for work or construction, installation, operation, maintenance, or repair of system equipment must be properly licensed under laws of the State and all applicable local ordinances, where applicable, and each contractor or subcontractor shall have the same obligations with respect to its work as the cable company would have if the work were performed by the cable company. A cable company must ensure that contractors, subcontractors and all employees who will perform work for it are trained. A cable company shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with the cable franchise and applicable law, shall be fully responsible for all acts or omissions of contractors or subcontractors performed within the scope of their work for the cable company, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed.

(a) General Provisions.

(1) This section sets forth customer service standards that must be required in any cable franchise or cable service permit. In addition, a cable company shall at all times satisfy any additional or stricter requirements that are mandatory under FCC regulations, or other applicable federal, state, or local law or regulation, as the same may be amended from time to time.

(2) Nothing in this section in any way relieves a cable company of its obligation to comply with other applicable consumer protection laws and its agreement.

(b) Applicability. A cable company shall use its best efforts to comply with the standards specified in this section at all times. However, a cable company shall not be penalized or otherwise sanctioned for violations of these standards occurring up to one year after the effective date of this provision. This grace period shall not apply to continuing violations to the extent they continue after the one-year grace period.

(c) Notice to Subscribers.

(1) A cable company shall notify subscribers and the county of any pricing changes or additional charges (excluding temporary marketing and sales discounts, or offers) and/or any changes in programming services (including the scrambling or descrambling of channels) through announcements on the system and in writing. Notice of proposed rate changes shall itemize all new rates and the amount of increase or decrease from current rates. Notice of proposed programming changes shall include a description of any new programming services, channel assignments, hours of programming operation, and any changes to existing channel positions and programming services affected by such changes. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes, and to the county at least fifteen days prior to such notice to subscribers, if the change is within the control of the cable company. Notice of any such change that is not within a cable company's control shall be provided to the county as soon as practicable, and if possible prior to subscriber notification.

(2) If a cable company participates in promotions in which premium channels offering X, NC-17 or R-rated programming are delivered unscrambled or free of charge, it must provide notice to all subscribers at least thirty (30) days prior to such promotions advising that they can request that the promotional channel be blocked.

(3) A cable company shall provide written information to subscribers on each of the following areas at the time of installation of service, at least annually to all subscribers, at any time upon request, and at least thirty (30) days prior to making significant changes in the information required by this section. Copies of all such materials provided to subscribers shall also be provided to the county at least annually.

(A) products and services offered;

(B) prices and options for service;

(C) conditions and restrictions of service, including but not limited to need for equipment and equipment rental requirements;

(D) service charges, including deposits, installation, late fees, equipment, and repair charges, whether regulated or unregulated;

(E) installation and maintenance policies, delinquent subscriber disconnect and reconnect procedures, and any other of its policies applicable to its subscribers, including, when applicable, information regarding the subscriber's home wiring rights and information describing ownership of internal wiring during the period service is provided;

(F) instructions on how to use the cable service and operate any subscriber terminal equipment;

(G) channel positions of all programming carried on the system;

(H) billing and complaint procedures;

(I) refund and credit policies;

(J) availability of parental control devices;

(K) procedures for changes or termination of service and any associated charges;

(L) procedures by which the subscriber will be notified of changes in fees, charges, deposits, or associated terms and conditions for service;

(M) subscriber privacy rights;

(N) address and telephone number of the cable company's local office to which complaints may be reported;

(O) procedures for reporting and resolving service problems;

(P) the cable company's emergency service telephone number;

(Q) a copy of the service contract, if any;

(R) notice of the availability of universal remote controls and other compatible equipment (a list of which, specifying brands and models, shall be provided to any subscriber upon request);

(S) information concerning the county's responsibility as franchising authority, including the address and telephone number of the county's consumer information office regarding cable.

(4) Prior to the beginning of any system upgrade construction, and periodically during each phase, a cable company shall inform the public and its subscribers about the progress of the upgrade, areas where construction crews will be working and any expected temporary interruptions to existing services which may occur.

(5) In order that subscribers be fully informed of the charges they may incur, telephonic communications and all cable company promotional materials, announcements, and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms and options and shall quote the rates, fees, and/or charges. In all communications to subscribers, a cable company must use generally accepted terminology. A cable company shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers before an order is accepted.

(6) A cable company shall provide the county with a complete schedule of all current programming services, excluding pay-per-view rates and charges and commercial rates, and shall keep this schedule updated during its franchise term.

(7) A cable company shall maintain a public file containing all notices provided to subscribers under these customer service standards. Copies of all such notices, promotional or special offers sent to subscribers, and of any agreements used with subscribers, shall be filed with the county upon request.

(d) Employee Identification. A cable company shall provide and require all employees and agents, including employees of subcontractors, who come in contact with the public to wear cable company identification. The identification document shall:

(1) be worn on the outside of said representative's clothing and visible to other persons;

(2) bear the name and a picture of said representative; and

(3) prominently display the cable company's name and address.

(e) Vehicle Identification. Any of a cable company's vehicles, including those of its agents and subcontractors, used for construction, installation, maintenance or removal of its facilities, shall prominently display signage identifying the cable company.

(f) Telephone and Office Availability.

(1) Telephone Availability. A cable company's office shall be accessible by all persons within its service area through a toll-free telephone number twenty-four (24) hours a day, including weekends and holidays.

(2) Customer Service Representatives. A cable company's customer service operators shall be trained to screen requests and assist in solving problems. Such customer service representatives will identify themselves by at least their first names immediately upon initial contact. A subscriber shall be transferred to a supervisor upon request, or, if none is available, receive a return call from a supervisor within one working day of request.

(3) Office. A cable company shall maintain a local business office accessible to the public for the purpose of transacting business, including but not limited to taking installation and service requests, offering and exchanging equipment, receiving billing and service inquiries and resolving complaints. Excluding legal holidays, the business office shall be open to receive inquiries or complaints from the public as follows:

(A) during normal business hours on weekdays, with minimum opening and closing times of nine a.m. and five p.m. respectively; and

(B) for extended hours of at least four hours per week, which may include weekdays after five p.m. and/or weekends, at the discretion of the cable company.

(4) Normal Business Hours. During normal business hours and the extended hours specified in subsection (f)(3)(B) of this section, a cable company must have telephone lines and adequate staff available to accept or exchange equipment, such as converters, at the option of the cable company either at its office or in the field; to schedule and perform emergency service or emergency technician calls; to accept payments at its office or at a drop box; and to answer subscriber inquiries.

(5) Telephone Standards. Under normal operating conditions, the following standards shall be met by a cable company at least ninety (90) percent of the time, measured quarterly:

(A) Telephone answering time, including wait time, shall not exceed thirty (30) seconds.

(B) Call transfer time shall not exceed an additional thirty (30) seconds.

(C) No more than three percent (3%) of incoming customer service callers shall receive a busy signal.

(D) Customer service operators will identify themselves immediately upon initial contact.

(E) When the business office is closed, an answering machine or service capable of receiving and recording service complaints and inquiries shall be employed if the telephone is not answered by a person. Inquiries received after hours must be responded to by a trained representative of the cable company on the next business day. To the extent possible, the after-hours answering service shall comply with the same telephone answer time standard set forth in this section. Any answering service employed by a cable company shall provide the cable company on a monthly basis written detailed records of all service calls received, including date, time and nature of call, which shall be made available for inspection by the county upon reasonable notice during normal business hours.

(6) Emergency Telephone Access. A cable company shall at all times provide emergency telephone lines so that the county and other local governments can contact the cable company immediately when necessary ( e.g., in the event of an emergency or service interruption). The cable company shall notify the county as promptly as possible by any available means whenever there is a total interruption of telephone service which affects the cable company's subscriber service phone lines.

(g) Response to Complaints and Inquiries.

(1) A cable company shall investigate complaints, make every effort to resolve such complaints, and report the results of the investigation to the complainant within five working days of receipt of the complaint.

(2) If a complaint is not resolved to the satisfaction of both the complainant and the cable company, the cable company shall immediately inform the complainant orally, and follow up in writing, of the complaint procedures and the county's cable consumer information office address and telephone number.

(3) If the county refers a complaint to a cable company on behalf of a complainant, the cable company shall investigate the complaint and report the results of the investigation in writing to the county and to the complainant within seven working days.

(4) Under normal operating conditions, billing inquiries and requests for service, repair, and maintenance not involving service interruptions must be acknowledged by a trained customer service representative within twenty-four (24) hours, or prior to the end of the next business day, whichever is earlier. A cable company shall respond to all other inquiries within five (5) business days of the inquiry or complaint.

(h) Scheduling and Completing Service. Under normal operating conditions, each of the following standards shall be met by a cable company at least 95% of the time, as measured on a quarterly basis:

(1) Prompt Service.

(A) Standard installations (those installations at serviceable addresses that consist of an aerial or underground drop of no more than 150 feet in length running from the nearest feeder cable of the system to the terminal of the subscriber using exposed wiring inside the subscriber's premises) shall be completed within seven (7) business days after the order is placed, unless a later appointment date is agreed to by the subscriber.

(B) Non-standard installations (those which exceed standard minimum lengths or, in the case of underground drop, which involve unforeseen conditions beyond routine trenching and laying of cable) shall be completed within sixty (60) days after such requests, unless reasonable construction permitting or installation time frames impose a later installation date. A cable company shall immediately notify the affected subscriber of any such installation delays beyond the sixty (60) day requirement.

(C) A cable company shall investigate all service requests and initiate service or repair as soon as practicable but no later than thirty-six (36) hours after the request. The results of such service or repair requests shall be reported to the subscriber within three working days of the request.

(D) Repairs and maintenance for service interruptions and other repairs not requiring work within a subscriber's premises must be completed within twenty-four (24) hours after the subscriber reports the problem to a cable company or its representative or the interruption or need for repairs otherwise becomes known to the cable company.

(E) Work on all other requests for service must be begun by the next business day after notification of the problem.

(F) All requests for service, except installation requests, must be completed in the shortest time possible, but in any event within three (3) days from the date of the initial request. The three-day time limit shall not apply if, for reasons beyond the cable company's control, the work could not be completed in those time periods even with the exercise of all due diligence. The failure of a cable company to hire sufficient staff or to properly train its staff shall not justify its failure to comply with this provision. If the cable company fails to complete the work within the specified time period, it shall nonetheless proceed to complete the work as soon as possible. Except as preempted by federal law, no charge shall be made to the subscriber for such service, except for the cost of repairs to a cable company's equipment or facilities where it can be documented that the equipment or facility was damaged by a subscriber.

(2) Service Times. A cable company shall perform service calls, installations, and disconnects at least during normal business hours. Maintenance service capability enabling the prompt location and correction of major system malfunctions shall be available at all times.

(3) Appointments. A cable company shall schedule installation, maintenance or repair service appointments with subscribers during a designated four-hour block of time agreed to by the subscriber to enter said subscriber's residence or business to install, maintain, repair or adjust equipment or services. Such appointment blocks shall be scheduled either during morning or afternoon hours ( e.g., eight a.m. to twelve noon, or one p.m. to five p.m.) or at a time mutually agreed upon by the subscriber and cable company. Where a subscriber cannot conveniently arrange for a service call or installation during normal business hours, the cable company shall also schedule service and installation calls outside normal business hours for the express convenience of the subscriber.

(4) Cancellations. Under normal operating conditions, a cable company shall provide a minimum of one day's advance notice of an appointment cancellation and may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. A cable company may not cancel an appointment with a subscriber after the close of business on the business day preceding the appointment, nor may the cable company miss a duly scheduled appointment. If a cable company's representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the cable company shall contact the subscriber, and reschedule the appointment as necessary, at a time which is convenient for the subscriber. If a cable company is unable to keep a scheduled appointment and has not previously provided notice of cancellation to the subscriber, the cable company will make at least two attempts to directly contact and notify the subscriber during the scheduled appointment block, documenting its efforts to do so. The cable company will give the subscriber notice of its inability to keep the appointment, and of its attempts to contact the subscriber.

(i) Other Service Requirements.

(1) Technical Adjustments. At the time of service, cable company technicians will provide appropriate technical adjustments ( e.g., grounding) necessary for the subscriber's equipment to receive satisfactory reception, provided the subscriber's equipment is in good working condition.

(2) Emergency Maintenance. A cable company shall keep an emergency system maintenance and repair staff, capable of responding to and repairing system malfunctions or interruptions, on a twenty-four (24) hour basis, and shall respond to service interruptions twenty-four (24) hours a day, seven (7) days a week under normal operating conditions.

(3) Maintenance Service Record. A cable company shall keep a maintenance service record which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint, and the time and date thereof. Complete records of the cable company's action in response to all complaints shall be made available for inspection by the county upon reasonable request during normal business hours.

(4) Cable Company-Owned Equipment. Except as federal law preempts, no charge shall be made to the subscriber for repairs or maintenance of cable company-owned equipment or facilities, except for the cost of repairs to the cable company's equipment or facilities where it can be shown that the equipment or facility was damaged by a subscriber.

(5) Mobility-Limited Subscribers. With regard to mobility-limited subscribers, upon subscriber request, a cable company shall arrange for pickup and/or replacement of converters or other cable company equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer).

(6) Private Property Access. A cable company shall provide at least two (2) days' written notice to the affected property owner of the approximate time its employees or representatives plan to enter onto said property owner's external property for the purpose of equipment installation, service, maintenance or repair of the system.

(j) Installations, Connections, and Other Services.

(1) Requests for Installation. A cable company shall fill all installation requests pursuant to the provisions of this section unless:

(A) The cable company cannot obtain access to the requesting person's premises in accordance with the installation times specified in this section; or

(B) the requesting person has not paid reasonable advance deposits and fees required by the cable company; or

(C) the requesting person is currently in debt to the cable company; or

(D) the requesting person has been convicted of theft of cable television service.

(2) Installations Generally. The subscriber's preference as to the point of entry into the residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible. A cable company shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken as soon as possible after the damage is incurred and shall be completed within no more than thirty (30) days after the damage is incurred. All installations will include appropriate technical adjustments in order to receive service, and comply with the provision of any consumer information and literature required by applicable law to instruct the subscriber in the utilization of the service.

(3) Standard Installations. Except as federal rate regulations may otherwise require, a cable company shall not assess a subscriber any cost other than a standard installation charge for service drops of one hundred fifty (150) feet or less, for a single outlet, unless the cable company demonstrates to the county's satisfaction that extraordinary circumstances justify a higher charge.

(4) Non-Standard Installations. Except as applicable law may otherwise require, where a drop exceeds one hundred fifty (150) feet in length, a cable company may charge a subscriber allowable rates for installing the drop beyond one hundred fifty (150) feet, provided that drop length charged for shall be the difference between the actual length of the installed drop and one hundred fifty (150) feet.

(5) Location of Drops. In locations where a cable company’s system must be underground, drops must be placed underground as well. Except as federal law may otherwise require, in any area where the cable company would be entitled to install a drop above-ground, the cable company will provide the homeowner the option to have the drop installed underground if requested, but may charge the homeowner the difference between the allowable charge for the above-ground installation and the allowable charge for the underground installation.

(6) Antennas and Antenna Switches. A cable company shall adhere to FCC regulations regarding antenna switches. The cable company shall not, as a condition to providing cable service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals.

(k) Service Interruptions.

(1) A cable company may intentionally interrupt service on the cable system only for good cause and for the shortest time possible and, except in emergency situations or to the extent necessary to fix the affected subscriber's service problems, only after a minimum of forty-eight (48) hours’ prior notice to subscribers and the county of the anticipated service interruption; provided, however, that planned maintenance that does not require more than four (4) hours' interruption of service and that occurs between the hours of 12:00 midnight and 6:00 a.m. shall not require such notice to subscribers, but shall require notice to the county no less than twenty-four (24) hours prior to the anticipated service interruption.

(2) If an unscheduled service interruption or outage occurs for a duration of two (2) or more continuous hours to three percent (3%) or more of the subscribers in the service area, the cable company shall notify the county within two (2) hours of such occurrence, or at the opening of business on the next business day if the interruption occurred outside normal business hours.

(3) A cable company shall provide the county with prompt notice of any service interruptions of which the cable company is aware, including advance notice of any planned service interruptions.

(l) Billing.

(1) Bills shall be clear, concise, and understandable. Bills must be itemized including, but not limited to, basic and premium service charges and equipment charges as well as charges for any other service packages ordered by the subscriber. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates, and credits, and permit subscribers readily to determine the cost of each service or equipment item that is part of the total bill. The portion of the bill retained by the subscriber must include:

(A) payment due date;

(B) service dates covered by the billing;

(C) any applicable credits due to the subscriber, or past due amounts owed by the subscriber;

(D) itemization of charges for each tier of programming or service package and equipment item charged to the subscriber;

(E) late payment fee, if any, and late payment due date;

(F) address, telephone number and business hours to contact the cable company regarding customer service and billing inquiries or disputes;

(G) the county's cable consumer information office, address and telephone number; and

(H) if government-imposed fees or taxes are itemized, such fees or taxes.

(2) A cable company shall submit to the county on a monthly basis a sample cable company subscriber billing for that month itemizing all current charges for services and equipment.

(3) A cable company's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit.

(4) The cable company's billing statement must show a specific payment due date not earlier than at least ten (10) business days from the date the bill is postmarked, unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. The cable company shall not assess a late fee earlier than the due date of the next billing cycle. Any late fee imposed by the cable company that does not exceed $5.50 in 1998 dollars (adjusted annually for inflation based on the Consumer Price Index) shall be presumed reasonable to recover the costs associated with the delinquent payment. The late fee shall appear on the following month's billing statement. A cable company may not charge a late fee unless (A) the subscriber's bill sets forth when the late fee will be assessed, and (B) the bill sets forth the amount of the late fee.

(5) Subscribers shall not be charged a late fee or otherwise penalized for any failure by a cable company, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made.

(6) A cable company must notify the subscriber that he or she can remit payment in person at the cable company's business office and inform the subscriber of the address of that office.

(m) Deposits, Refunds and Credits.

(1) Under normal operating conditions, if a cable company fails, through no fault of the subscriber or contrary to prior agreement with the subscriber, to perform installations within the prescribed time lines as defined in subsection (j) of this section, or does not arrive for appointments for installations within the scheduled appointment block pursuant to this section, the cable company shall provide free installation to the subscriber, or shall provide a credit of at least ten dollars ($10) if the requested installation was already free or discounted.

(2) Under normal operating conditions, if a cable company fails, through no fault of the subscriber or contrary to prior agreement with the subscriber, to perform scheduled maintenance or repairs, or does not arrive for appointments for maintenance or repairs within the scheduled appointment block pursuant to subsection (h)(3) of this section, the cable company shall provide the scheduled maintenance or repair free to the subscriber, or shall provide a credit of at least twenty dollars ($20) if the maintenance or repair was already free.

(3) Under normal operating conditions, a cable company shall issue an automatic credit to the accounts of all subscribers within a definable service area, whether or not notified by subscribers, when there is a service interruption affecting all channels, including premium channels and non-premium channels, for four (4) hours or longer in a twenty-four (24) hour period. If there is a service interruption on one or more such channels for two (2) hours or longer in a twenty-four (24) hour period, the cable company shall issue a credit to accounts of subscribers who notify the cable company of such service interruption, whether or not the subscriber specifically asks for a credit. Such credit shall equal, at a minimum, the value of one-thirtieth (1/30th) of the subscriber's current monthly bill, excluding pay-per-view and special events. In the event that a pay-per-view channel is affected by a service interruption, the cable company shall issue full credit to the accounts of all subscribers who paid in advance for such event(s).

(4) Credits pursuant to this section will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted. Refunds pursuant to this section will be issued by a cable company within sixty (60) days following the resolution of the event giving rise to the refund and/or credit.

(5) If a cable company fails to pay a subscriber any refunds or credits within sixty (60) days pursuant to this subsection, the cable company shall pay interest to the subscriber, in addition to the original credit or refund, at the same interest rate applicable to late franchise fee or cable service permit fee payments pursuant to subsection 5.02.110(b)(2) of this chapter.

(6) A cable company may require reasonable, non-discriminatory, refundable deposits for service or equipment, provided that:

(A) If a subscriber's account is in good standing with the cable company for one year, the cable company shall refund to the subscriber any deposits made by the subscriber, plus interest at a rate equal to the commercial prime interest rate of the county’s primary depository bank during that year.

(B) Upon termination of service for any reason, a cable company shall either:

(i) refund to the subscriber any unrefunded deposits, plus interest at the rate described above, and the unused portion of any prepaid service charge (if termination is prior to end of a prepaid period), but specifically excluding installation fees; or

(ii) issue a credit equal to the amount of any refund as defined in this section, including deposit, interest and unused portion of prepaid service charge, which is owed to the subscriber, to be applied against amounts owed by the subscriber to the cable company. If such credit exceeds the amounts owing, the remainder shall be refunded as indicated above.

(7) Credits stated in dollar amounts in this section are in 1998 dollars and shall be adjusted annually for inflation based on the Consumer Price Index.

(n) Disconnection/Denial of Service.

(1) A subscriber may terminate service at any time.

(2) A cable company shall disconnect a subscriber's service within six working days of a subscriber's request. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers by a cable company. A cable company shall cease to charge a subscriber for cable service immediately after receiving a request to discontinue cable service. If for any reason a subscriber terminates cable service prior to the end of a prepaid period, the unused portion of any prepaid service fees shall be refunded to the subscriber within thirty days or by the end of the next billing cycle, whichever is earlier.

(3) No charge may be imposed for any voluntary disconnection or downgrade, except to the extent that federal law specifically provides that the cable company must be permitted so to charge a subscriber. So long as the subscriber returns, or permits the cable company to retrieve, any equipment necessary to receive a service within five (5) business days of the disconnection, no charge may be imposed by any cable company for any cable service delivered after the date of the disconnect request.

(4) A subscriber may be asked, but not required, to disconnect a cable company's equipment and return it to the business office.

(5) A cable company shall not terminate residential service for non-payment of a delinquent account unless the cable company furnishes written notice of the delinquency and impending termination at least fifteen (15) days prior to the proposed termination. The notice shall be mailed to the subscriber to whom the service is billed and shall be postmarked no earlier than the sixteenth (16th) day after the due date of the unpaid bill. Such notice may be part of a billing statement. Such notice shall be mailed, postage pre-paid, to the subscriber to whom the service is billed, and may be part of a billing statement. A cable company shall terminate service only on days when a subscriber can reach a representative of the cable company either in person or by telephone. Service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of cable company equipment, employees or representatives, or other similar actions. If the subscriber pays all amounts due, including late charges, before the date scheduled for disconnection, the cable company shall not disconnect service. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the cable company shall promptly reinstate service.

(6) A cable company may immediately disconnect a subscriber if the subscriber is damaging or destroying the cable company's cable system or equipment. After disconnection, the cable company shall restore service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and paid all proper fees and charges, including any reconnect fees and amounts owed the cable company for damage to its sable system or equipment.

(7) A cable company may also disconnect a subscriber that causes signal leakage in excess of federal limits. The cable company may disconnect a subscriber without notice where signal leakage is detected originating from the subscriber's premises in excess of federal limits, provided that the cable company shall immediately notify the subscriber of the problem and, once the problem is corrected, reconnect the subscriber without charge.

(8) A cable company shall reconnect service to customers wishing restoration of service, provided such a customer shall first satisfy any previous obligations owed.

(9) A cable company shall furnish and maintain services to each person who makes a bona fide request to receive any service. Nothing in this section shall limit the right of a cable company to deny service to any household which or individual who has a negative credit or service history with the cable company, which may include nonpayment of bills or theft or damage to the cable company's equipment, or who has threatened or assaulted employees of the cable company in the course of their employment, provided that in the event service is denied, the cable company will give notice to the denied person of the right to contact the appropriate regulatory authority, providing name, address, and phone number of the county.

(10) A cable company shall not request more personally identifying information than is necessary to confirm the identity of a subscriber. The type of information considered to be necessary may vary depending on the individual subscriber, but the cable company may not deny service to a person who fails to provide a Social Security number, although additional deposits may be required. However, a cable company may deny service if a person fails to produce any verifiable personally identifying information after being requested to do so.

(o) Changes in Service.

(1) A cable company may not alter the service being provided to a class of subscribers (including by retiering, restructuring or otherwise) without the express permission of each subscriber, unless it complies with this section, except to the extent that federal law specifically provides that the cable company must be permitted to make such alterations in a manner inconsistent with this section.

(2) No charge may be made for any service or product that the subscriber has not affirmatively indicated it wishes to receive. Payment of the regular monthly bill does not in and of itself constitute such an affirmative indication.

(3) A cable company shall comply with all applicable law regarding buy-through of tiers.

(p) Parental Control Option. Upon the request of a subscriber, a cable company shall make available a device by which the subscriber can block completely the video and audio signals of a particular cable service. The control option described herein shall be made available to all subscribers requesting it when any cable service is provided, or reasonably soon thereafter.

(q) Enforcement.

(1) A cable company shall keep such records as are necessary to show compliance with these customer service standards and FCC customer service standards.

(2) Unless this requirement is waived in writing by the county, a cable company shall file annually with the county a statement signed by an officer or employee certifying compliance with this section for each calendar quarter. Each such certification shall be filed with the cable company's annual report. If the cable company is unable to certify full compliance for each calendar quarter, it must indicate in its filing each standard with which it is in compliance and in non-compliance.

(3) If a cable company is in non-compliance with any standard during any calendar quarter, it shall include in its annual filing a statement specifying areas of non-compliance, the reason for the non-compliance and a remedial plan.

(4) If a cable company fails to file a compliance certificate or non-compliance statement as required herein, it shall be liable for the liquidated damages specified herein for violation of customer service standards.

(5) In addition, except as prohibited by federal law, a cable company shall be subject to penalties, forfeitures and any other remedies or sanctions available under federal, state or local law if it fails to comply with the standards herein.

(r) Anticompetitive Acts Prohibited. A cable company shall not engage in acts that have the purpose or effect of limiting competition for the provision of cable service or services similar to cable service in the county, except for such actions as are expressly permitted by federal or state law.

(a) Finding. The county finds that rights-of-way of the county and state to be used by a cable company for the operation of a cable system and to provide cable service are valuable public property acquired and maintained by the state and county at great expense to the taxpayers. The county further finds that the grant of a cable franchise or cable service permit for use of rights-of-way to provide service is a valuable property right without which a cable company would be required to invest substantial capital.

(b) Payment of Franchise Fee or Cable Service Permit Fee.

(1) Each cable company shall pay a franchise fee or cable service permit fee in an amount set forth in its agreement.

(2) In the event that any franchise fee or cable service permit fee payment or any recomputation amount is not paid by the due date, then interest shall accrue to the county from such due date at a rate equal to the commercial prime interest rate of the county's primary depository bank during the period such unpaid amount is owed.

(3) In the event that a cable franchise or cable service permit is revoked prior to its expiration date, the cable company shall file with the county, within thirty days after the date of revocation, a financial statement certified by the cable company's chief financial officer or an independent certified public accountant clearly showing the gross revenues received by the cable company since the previous fee payment period and shal