Any cable operator serving or seeking to serve the City of Twentynine Palms (the "Operator" and "City," respectively) shall maintain a local office which provides the necessary facilities, equipment and personnel to comply with the following consumer standards under normal conditions of operation:

(a)

Sufficient customer service representatives and toll-free telephone line capacity at all times to assure that except during system outages impacting no less than ten percent (10%) of the basic subscriber base within the City a minimum of ninety percent (90%) of all calls will be answered before the fourth (4th) ring, ninety percent (90%) of all callers for service will not be required to wait more than thirty (30) seconds before being connected to a live service representative, and that callers will receive a telephone busy signal less than three percent (3%) of the time on an annual average;

(b)

A business and service office in the City open during normal business hours at least eight (8) hours daily, and at least four (4) hours weekly in the evenings after 6:00 p.m. or on weekends, and adequately staffed with personnel capable of accepting subscriber payments, handling converter exchanges and responding to service requests and complaints. Operator, in advance, may request City to change Operator's business hours or to reduce hours if the extended hours are not justified by subscriber demand;

(c)

A technically competent emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a twenty-four (24) hours basis;

(d)

An installation staff, fully qualified to install cable service meeting the requirements of California PUC in General Order 95 and General Order 128 and this Chapter, normally capable of performing standard installations within seven (7) business days after an order has been placed. "Standard" installations are up to one hundred (100) yards from the existing distribution system. In no event shall the time to install or initiate a new service exceed thirty (30) days from the date of receipt of an order. (See Section 6.01.020(i) regarding line extension standards.);

(e)

Bills will be clear, concise and understandable;

(f)

Refund checks or credits will be issued by the next billing cycle after resolution of the outage or request or return of equipment if service is terminated;

(g)

At the time of any request for installation operator shall provide written information on the products and services, prices and service options, installation and service policies and instructions for use. Operator also shall provide a copy of this Chapter or a summary of it approved by City; and

(h)

Operator shall refrain from providing equipment which have been removed from service in other areas due to age or disrepair.

(91-93 § 2.1)

(a)

Operator shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, which are expected to exceed a cumulative total of more than thirty (30) minutes during any twenty-four (24) hour period, shall be preceded by no less than twenty-four (24) hours prior notice to affected subscribers and the City, and shall occur during periods of midnight and 6:00 a.m. local time.

(b)

Operator shall maintain a written log, or an equivalent store in computer memory and capable of access and reproduction in printed form, for all service interruptions and requests for service that result in a service call. Such logs will be retained for at least three (3) years and shall be available to City immediately upon request.

(c)

The Operator shall maintain a technically competent repair force of technicians capable of responding to subscriber requests for service within the following time frames:

(1)

For a system outage: Within three (3) hours including weekends and holidays, of receiving subscriber calls or requests for service which identify a System outage of all channels, affecting at least ten (10) subscribers of the system;

(2)

For an isolated outage: Within twenty-four (24) hours, including weekends and holidays, of receiving requests for service identifying an outage of all channels for any subscriber; and

(3)

For inferior signal quality: Within forty-eight (48) hours, including weekends and holidays, of receiving a request for service identifying a problem concerning picture or sound quality affecting any subscriber.

(d)

Whenever reasonably possible or when specifically requested by the subscriber at the time of appointment, Operator shall schedule all service call appointments within a designated four (4) hour morning or afternoon time frame. Whenever reasonably possible, Operator shall make an effort to verify the appointment by telephone prior to the four (4) hour period.

(e)

In the event Operator fails to meet any scheduled or rescheduled appointment (other than for delays beyond Operator's control, as determined by City) the affected consumer shall receive a credit of one month's basic service even if the appointment is rescheduled and completed. No credit shall be given if the consumer was not present and three (3) successive consumer failures to be present for the same call shall relieve Operator of a duty to respond.

(f)

No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be both repeated and non-cable system in origin, or to involve subscriber negligence.

(g)

Unless excused, Operator shall identify the nature of the problem within twenty-four (24) hours of beginning work and resolve all cable system related problems within three (3) days unless technically infeasible. Failure to resolve any cable system related problems within thirty (30) days of the call for service shall be a violation of this Chapter. "Technical infeasibility" resulting from the cable system's failure to meet required standards does not constitute a defense to such violation.

(h)

Refunds for Outage—In the event of a service outage of four (4) or more hours in a twenty-four (24) hour period, Operator shall provide a credit equal to one day's service for basic or premium services upon oral or written request by subscriber. Notwithstanding, such credit shall be automatic when an outage of basic or premium service affects the entire service area. For any outage of more than one day, additional days of credit shall be given for each day (or portion thereof) of continued outage.

(i)

Line Extension—For standard installations of up to one hundred (100) yards from an existing distribution system, there will be no additional installation charge. For installations in excess of one hundred (100) yards from an existing system, Operator shall provide the potential subscriber with a written price for such installation within five (5) days of a regular request therefor. Such price shall not exceed the actual cost of construction. Upon payment by subscriber of the price quoted, Operator shall install the line within thirty (30) days. Thereafter, that subscriber shall be credited in the same way as all others under this Chapter. When the subscriber pays for installation of a line on which initially he is the sole subscriber, Subscriber and Operator shall enter into a reimbursement agreement which provides for Subscriber to be reimbursed a pro-rata amount of his cost with each additional subscriber on the line.

(91-93 § 2.2)

Cable services are a consumer product which must pass without objection in the cable industry. To meet this standard, Operator must demonstrate the following consumer oriented capabilities:

(a)

Picture and sound element clarity consistent with NCTA Recommended Practices for Measurements on Cable Television Systems, 2nd ed. 1989 (ISBN 0-940272-17-2) as may be revised, published by the National Cable Television Association, Washington, D.C.;

(b)

Channel selection availability equal to that of the majority of the cities in Los Angeles, Orange, San Bernardino and Riverside Counties; and

(c)

Equipment capable of expansion to meet advances in the industry standard.

(91-93 § 2.3)

Upon five (5) days notice, the Operator shall establish its compliance with any or all of the standards required in Sections 6.01.010, 6.01.020, and 6.01.030 above. The Operator shall provide sufficient documentation to permit the City to verify compliance.

(91-93 § 2.4)

(a)

City may evaluate the overall quality of customer service provided by the Operator to subscribers:

(1)

In conjunction with the annual review described in Section 6.01.130; and

(2)

At any other time, based on the number of subscriber complaints received by the Operator and the City and the Operator's response to those complaints.

(b)

If City determines that cable service quality fails to comply with the standards of this Chapter, City shall direct the Operator to cure the noncompliance within the period of time set out in Subsection (c) of this Section and thereafter may declare a material violation of this Chapter.

(c)

The Operator shall commence corrective action within fifteen (15) days after receipt of written notice and shall complete such action within a time considered reasonable within the cable industry as determined by City.

(91-93 § 2.5)

A repeated and verifiable pattern of non-compliance with the consumer protection standards set out in this Chapter after Operator receipt of due notice and an opportunity to cure may be termed a violation of this Chapter for which City may impose remedies in accordance with Section 6.01.170.

(91-93 § 2.6)

(a)

Complaints to Operator. Operator shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the City, which procedures shall be approved by City before implementation. The written procedures shall provide the manner in which a subscriber may submit a complaint (either orally or in writing) that Operator has violated either any provision of this Chapter, the terms and conditions of the subscriber's contract with Operator or reasonable business practices. At the conclusion of Operator's investigation of a subscriber complaint, but in no event more than five (5) business days after receiving the complaint, Operator shall notify the subscriber and the City in writing of the results of the investigation and its proposed action or resolution, if any. The Operator shall also notify the subscriber of the subscriber's right to file a complaint with the City in the event the subscriber is dissatisfied with the Operator's decision. No other proceedings to resolve subscriber complaints shall be undertaken until the procedure established by this Section has been exhausted.

(b)

Complaint to City. A subscriber who is dissatisfied with Operator's proposed decision or who was not sent a written decision within the five (5) business day period set out in Subsection (a) of this Section shall be entitled to have the complaint reviewed by the City Manager or his or her designee. The subscriber shall initiate the review by filing a written complaint with the City, providing City with the Operator's written decision, if any, and explaining the problem. City shall notify the Operator of the filing.

(91-93 § 2.7)

The City Manager shall review subscriber complaints and the Operator's decision, if any, and determine whether further action is warranted. If the City decides to initiate further investigation, the City shall require the Operator and the subscriber to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. The Operator or the subscriber may request in such statement that a hearing be conducted by the City. Operator's failure to respond shall be considered its admission that the complaint is justified and correct. If requested, the hearing shall be conducted by the City following notice in writing to all parties specifying the time and place for such hearing. The hearing shall be conducted informally, and the parties shall produce any additional evidence, including testing reports from the Operator, which the City may deem necessary to an understanding and determination of the dispute. City may also request independent tests at Operator's expense. The City shall issue a written decision within fifteen (15) days of receipt of the written statements, or, if a hearing is requested, within fifteen (15) days of the conclusion of the hearing, setting forth the basis of the decision. The decision may be appealed to the City Council.

(91-93 § 2.8)

The City Council shall act as an appellate body to review the City Manager's decision and all evidence on which it was based to determine if it is reasonably supported by such evidence. Such review shall be conducted within thirty (30) days of a request for review. The decision of the City Council shall be final.

(91-93 § 2.8.1)

(a)

If the written decision of City pursuant to Section 6.01.080 finds a violation of this Chapter by Operator and Operator appeals to the City Council, then during the pendency of the appeal the City may establish an escrow account for the subscriber and may deposit the disputed portion of the subscriber's monthly service charge which relates to the Chapter violation. If the subscriber either continues to make full and timely payment of all monthly service charges to Operator or deposits the disputed portion of such monthly service charges relating to the Chapter violation into said escrow account, Operator shall not discontinue service during the pendency of the appeal before the City Council. Any amount deposited in the escrow account shall be paid to the Operator or subscriber in accordance with a final determination of the complaint.

(b)

Operator shall advise all subscribers, in writing, of these escrow provisions as part of the notice provided under Section 6.01.100.

(91-93 § 2.9)

(a)

Operator at its cost shall provide each subscriber with a copy of this Chapter (or summary thereof approved by the City), as well as the name, address and local telephone number of its employees or agents to whom inquiries or complaints are to be addressed, and the telephone number of the City office responsible for administration of cable services. The notice also shall indicate Operator's business hours, legal holidays and procedures for responding to inquiries after normal business hours. Operator shall notify subscribers, at its cost, of all changes caused by correction of policies to bring Operator in compliance with this Chapter. The Operator shall provide all subscribers and the City written notice no less than thirty (30) days prior to any of its requests to the City Council to change this Chapter. No change shall be effective where City disapproves such change or where Operator fails to request approval. Operator shall notify subscribers of all such disapprovals at its own cost.

(b)

Rates and Services. The Operator shall provide all subscribers and the City with at least thirty (30) days written notice prior to the implementation of any change in rates or programming services.

(c)

Copies to City. Copies of all notices provided to subscriber shall be filed concurrently with the City.

(91-93 § 2.10)

(a)

It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Operator are honored. In the event that the Operator elects to over build, rebuild, modify, or sell the system, or the City gives notice of intent to terminate any franchise, the Operator shall act so as to ensure that all subscribers receive continuous, uninterrupted service.

In the event of a change of Operator, or in the event a new operator acquires the system, the original Operator shall cooperate with the City or new Operator in maintaining continuity of service to all subscribers. Operator shall be entitled to the revenues for any period during which it operates the system, except as set out herein.

(b)

In the event Operator fails to operate the system for seven (7) consecutive days without prior approval for subsequent ratification by the City, the City may, at its option, operate the system or designate an operator until such time as Operator restores service under conditions acceptable to the City or a permanent operator is selected. During such period City or the designated operator shall be entitled to collect all revenues from the system, and the Operator shall reimburse the City for all reasonable costs or damages in excess of the revenues collected by the City that are the result of the Operator's failure to perform.

(91-93 § 2.11)

Every officer, agent, or employee of the Operator or its contractors or subcontractors shall wear on his/her outer clothing an identification card bearing their name and photograph as approved by the City. Operator shall account for all identification cards at all times. Every vehicle of the Operator shall be clearly identifiable on sight to the public as belonging to Operator.

(91-93 § 2.12)

At the City's sole option, at least annually but more often as necessary to determine compliance with this Chapter, the City may hold a noticed public hearing, at which the Operator shall be present and shall participate, to review the performance and quality of service of the cable system. Any reports reasonably requested by City of Operator shall be prepared in time for review by City prior to the hearing and may be utilized as the basis for review. The City shall have the right to designate observers to monitor any system testing which may be necessary to prepare reports requested by the City. Operator shall coordinate its testing schedule with the City to facilitate City's observation of the tests.

(a)

Thirty (30) days prior to a scheduled hearing, unless waived by City, Operator shall submit a report to City indicating the following:

(1)

A summary of all cable system services reported in cable industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations or to adjacent communities, that are not provided to City residents;

(2)

Any specific plans for provisions of such new service by the Operator, or a justification indicating why Operator believes that such services are not feasible for the City area;

(3)

A report listing any cable services not then being provided to the City that are considered technically and economically feasible; and

(4)

Any other reports reasonably requested in advance by City.

(b)

City also may, at Operator's request, perform independent tests for use at such hearing.

(c)

Either the City or the Operator may select additional topics for discussion at any review hearing.

(d)

Any subscriber may submit oral or written comments which shall be considered.

(e)

Within thirty (30) days after the conclusion of the public hearing, City shall issue a report with respect to any perceived noncompliance with franchise requirements, including the consumer protection standards of this Chapter. If noncompliance is found, City may direct Operator to correct the noncompliance within a reasonably stated period of time. Operator shall commence corrective action within thirty (30) days after receipt of written notice.

(f)

City also may request Operator to provide such services within a reasonably stated time, under reasonable rates and conditions.

(91-93 § 2.13)

It is City's intent that tenants not be discriminated against in the ability to subscribe to cable services. Operator shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the City, so long as the owner of the facility consents in writing, if requested by Operator, to the following:

(a)

To Operator's providing the service to units in the facility;

(b)

To reasonable conditions and times for installation, maintenance, and inspection of the system on the facility premises;

(c)

To reasonable conditions promulgated by Operator to protect Operator's equipment and to encourage widespread use of the system; and

(d)

To not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not.

(91-93 § 2.14)

The Operator shall have the authority to promulgate such reasonable rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Operator to exercise its rights and perform its obligations and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable local, State and Federal laws, rules and regulations.

(91-93 § 2.15)

(a)

Operator shall not deny service, deny access, or otherwise discriminate against subscribers or general citizens on the basis of income, race, color, religion, national origin, age, disability, sex or housing location. Operator shall comply at all times with all other applicable Federal, State and local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this Chapter by reference.

(b)

Fairness of Accessibility. The entire system of the Operator shall be operated in a manner consistent with the principle of fairness and equal accessibility to its facilities, equipment, channels, studios and other services for all citizens, businesses, public agencies and other entities having a legitimate use for the system, and no one shall be arbitrarily excluded from its use. Operator shall not discriminate against cable subscribers on the basis of density of the area served, or size of system or number of subscribers.

(91-93 § 2.16)

(a)

Procedure for Remedying Violations.

(1)

If the City has reason to believe that the Operator has failed to comply with any service standards under Sections 6.01.010 through 6.01.160, or has failed to perform in a timely manner, the city may make a written demand on the Operator that it remedy the alleged noncompliance. If the alleged noncompliance is denied or is not remedied to the satisfaction of the City within the time allotted by City, the City may follow the procedure set forth in this Section.

(2)

Upon receipt of City's written demand, Operator may request or City may require an administrative hearing before the City Manager or the Manager's designee to determine if the noncompliance occurred. The Operator shall be provided with ten (10) days written notice of the time and the place of the hearing, the allegations of noncompliance and the possible consequences if found to be true.

(3)

After notice is given and an administrative hearing is held, the City shall determine whether the noncompliance occurred and constitutes a violation of this Chapter and, if so, whether it was excusable. City may order the Operator to correct or remedy the noncompliance within thirty (30) days (except where the noncompliance constitutes a material safety hazard) and in the manner and on the terms and conditions that the City establishes, or, in its sole discretion, City may find a violation of this Chapter.

(4)

The City Manager's decision may be appealed to the City Council.

(5)

If the City determines that the noncompliance was a violation, the City may take any or all of the following actions:

(A)

Assess against the Operator monetary damages as provided in Subsection (b) below;

(B)

Order, after further hearing, such rebates to affected subscribers as may be reasonable and appropriate for degraded or unsatisfactory services that constitute a violation of this Chapter;

(C)

Any violation of this Chapter may be considered a public nuisance. Upon conclusion of the procedure set out in Section 6.01.170(a)(1—4) and upon the City Council's finding the violation constitutes a public nuisance, the City may abate the nuisance and place a lien on the Operator's property as set out in Chapter 9.01 (trash abatement);

(D)

Pursue any other legal or equitable remedy available under any applicable law; and/or

(E)

Assess damages as set out in Section 6.01.170(b). (91-93 § 3.1)

(b)

Assessment of Monetary Damages.

(1)

Because it is difficult to determine the amount of damage from violation of a consumer standards Chapter, an amount of liquidated damages has been determined by City and Operator. The City may assess against the Operator monetary damages up to Five Hundred Dollars ($500.00) per violation for violations of this Chapter. This assessment may be levied against the Operator's bond, which then shall be replenished immediately.

(2)

The assessment does not constitute a waiver by the City of any other right or remedy it may have under any franchise or applicable law regarding its right to recover from the Operator any additional damages, losses, costs and expenses, including actual attorney's fees that are incurred by the City by reason of or arising out of the violation of this Chapter. (91-93 § 3.2)

(c)

Penalty for Violation. Notwithstanding the foregoing, a violation of this Chapter shall be an infraction punishable as set out in Chapter 1.04 (Penalty Code).

(91-93 § 3.3)

The passage of this Chapter is not a project nor will it have a significant adverse impact on the environment.

(91-93 § 4)

Ordinance No. 3930 of the County of San Bernardino, relating to inspection grading of food establishments, is adopted by reference with the same force and effect as though set out herein in full, without in any way limiting the forgoing.

(Ord. 216 § 1, 2008)

A letter grade card issued to a food establishment pursuant to Ordinance 3930 shall not be defaced, marred, camouflaged, hidden, or removed. It is unlawful to operate a food establishment unless the letter grade card issued pursuant to Ordinance 3930 is posted. Removal of the letter grade card issued pursuant to Ordinance 3930 is a violation of this Chapter and may result in the suspension or revocation of the public health permit issued pursuant to Ordinance 3930.

(Ord. 216 § 2, 2008)

(a)

Any person, firm, partnership, corporation or other entity violating any provision of this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof such violation is in existence shall be a new and separate offense.

(b)

Any person so convicted shall be:

(1)

Guilty of an infraction offense and punished by a fine not exceeding One Hundred Dollars ($100.00) and not less than Fifty Dollars ($50.00) for a first offense;

(2)

Guilty of an infraction offense and punished by a fine not exceeding Two Hundred Dollars ($200.00) and not less than One Hundred Dollars ($100.00) for a second offense;

(3)

The third and any additional offenses shall constitute misdemeanors and shall be punishable by fines not exceeding One Thousand Dollars ($1,000.00) and not less than Five Hundred Dollars ($500.00) or six (6) months in jail, or both;

(4)

Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor in the discretion of the prosecuting attorney.

(c)

Payment of any fine or service of a jail sentence herein provided shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition resulting from the violation.

(d)

In addition to the above penalties, the court may order that the guilty party reimburse the City, or the County if the County is acting on behalf of the City, for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City, or as appropriate by the County.

(e)

The owner, manager, and operator of every activity or facility subject to this Chapter shall be responsible for any violation of this Chapter by an employee.

(Ord. 216 § 3, 2008)

A copy of Ordinance 3930 (including a copy as it may be codified into the San Bernardino County Code) shall be maintained in the office of the City Clerk of the City of Twentynine Palms and shall be made available for public inspection so long as the provisions of this Chapter are in force.

(Ord. 216 § 4, 2008)