§ 5.90.1022. Complaints and security fund.

(a)

Cable Operator shall maintain and make available accurate records of customer complaints. The Cable Operator shall, in a manner consistent with the privacy rights of Subscribers and federal and state law, keep accurate and comprehensive files of any and all complaints regarding the cable system, operation of the cable system, and the Cable Operator's actions in response to those complaints. These files shall remain open to the City and the public during normal business hours. Cable Operator shall provide the City Clerk an executive summary monthly, which shall include information concerning Subscriber complaints. A summary of service requests, identifying the number and nature of the requests and their disposition, shall also be completed by the Cable Operator for each month and submitted to the City, upon request, by the fifteenth (15th) day of the following month. The Cable Operator shall retain, and make available to the City Clerk the records and reports specified in this section for a period of three years.

(b)

Security fund. Within 30 days of the effective date of any franchise granted by the City, or renewal thereof, the Cable Operator shall supply a commercial surety bond to the City in a form approved by the City for a reasonable amount of money to protect Subscribers within its jurisdiction. Such reasonable amount shall be the greater of:

(1)

$100,000.00 or

(2)

$1.00 per Subscriber within the franchise area. The number of Subscribers within the franchise area shall be determined and documented by the Cable Operator as of the effective date of each franchise granted or renewed and shall be updated on January 1st of each year thereafter.

The surety bond shall constitute a "Security Fund" for ensuring compliance with this article for the benefit of the City and the Subscribers within the Franchise Area. The surety bond shall be maintained by the Cable Operator at $100,000.00, or such greater amount accepted by the City, even if amounts are withdrawn pursuant to any provision of this article. At any time during the term of this agreement, the City may require the Cable Operator to increase the amount of the Security Fund, if it finds that new risk factors exist, which necessitate such an increase. The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as provided for herein and for the dutiful performance by the Cable Operator of all its obligations under this article and any franchise agreement. The rights reserved to the City with respect to the Security Fund are in addition to all other rights of the City, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the City may otherwise have.

(c)

Complaint procedure. The Cable Operator shall establish written procedures, which are consistent with this article, for receiving, acting upon, and resolving Subscriber complaints, and crediting Subscriber accounts and shall publicize such procedures through printed documents at the Cable Operator's sole expense. Said written procedures shall prescribe a simple manner in which any Subscriber may submit a complaint by telephone, FAX, E-mail, in-person, or in writing to the Cable Operator that it has violated any provision of this article, any terms or conditions of the Subscriber's contract with the Cable Operator, or reasonable business practices. At the conclusion of the Cable Operator's investigation of a Subscriber complaint, but in no more than 15 calendar days after receiving the complaint, the Cable Operator shall notify the Subscriber of the results of its investigation and its proposed action or credit. The Cable 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 Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the City. The Cable Operator shall immediately report all Subscriber complaints that it does not find valid to the City. A copy of the Cable Operator's complaint procedures, and changes to thereof, shall be provided to the City prior to implementation.

(d)

Complaints to the City. Pursuant to NRS 711.250, any Subscriber who is dissatisfied with any decision of the Cable Operator or who has not received a decision within the 15-day period as required shall be entitled to have the complaint reviewed by the City. The Subscriber may initiate the review either by calling the City or by filing a written complaint together with the Cable Operator's written decision, if any, with the City Clerk. The Subscriber shall make such filing and notification within 60 days of receipt of the Cable Operator's decision or, if no decision has been provided, within 90 days after filing the original complaint with the Cable Operator. If the City decides that further evidence is warranted, the City shall require the Cable Operator and the Subscriber to submit, within ten days of notice thereof, a written statement of the facts and arguments in support of their respective positions. The Cable Operator and the Subscriber shall produce any additional evidence, including any reports from the Cable Operator, which the City may deem necessary to an understanding and determination of the complaint. The City's hearing officer shall issue a determination within 15 days after examining the materials submitted, setting forth its basis for the determination. The City's hearing officer may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution. If the City's hearing officer determines that the Subscriber's complaint is valid and that the Cable Operator did not provide the complaining Subscriber with the proper solution and/or credit, the hearing officer may reverse any decision of the Cable Operator in the matter, and provide an appropriate amount of money to the Subscriber, in lieu of a credit, by means of a withdrawal from the Security Fund.

(Ord. No. 5565, § 1, 4-21-04)