Article 7. SERVICE PROVISIONS  

1.

Provision of Service. To the extent that Grantee is required to provide Service under section 7.13 of this Franchise, Grantee shall provide Service to any requesting Person within thirty (30) days from the date of request.

2.

Technical Standards. The technical standards used in the operation of the HSN shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to the FCC's rules and regulations and found in Title 47, Sections 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The results of any tests required by the FCC or this Franchise shall be made available to Grantor within ten (10) days of conducting such tests with Grantor.

3.

Test and Compliance Procedure. Tests for the HSN shall be performed periodically in a manner so as to conform with FCC specifications. The tests may be witnessed by representatives of Grantor and written test reports shall be made available to Grantor. If more than ten percent (10%) of the locations tested fail to meet the performance standards, Grantee shall be required to indicate what corrective measures have been taken and the entire test shall be repeated in a manner so as to conform with FCC specifications.

4.

Emergency Requirements. Grantee agrees to provide emergency alert override capabilities in a manner consistent with the FCC's emergency alert system ("EAS") rules and consistent with any state and regional emergency alert system plans adopted in response to the FCC's EAS rules which are applicable to the Franchise Area.

5.

Programming Decisions. All programming decisions remain within the sole discretion of Grantee provided that Grantee complies with federal law regarding notice to Grantor and Subscribers prior to any Channel additions, deletions, or realignments, and further subject to Grantee's signal carriage obligations pursuant to 47 U.S.C. §§ 531-536, as may be amended and subject to the Commission's rights pursuant to 47 U.S.C. § 545, as may be amended. Grantee may conduct programming surveys from time to time to obtain input on programming decisions from Subscribers.

6.

Cable System Office Hours and Telephone Availability.

A.

Grantee shall maintain within the Franchise Area a customer service office that shall be open during Normal Business Hours. Grantee shall also maintain a publicly listed toll-free or collect call telephone access line which will be available to its Subscribers twenty-four hours a day, seven (7) days a week. A written log available for Commission inspection shall be maintained describing all Complaints and how each was resolved.

B.

Trained Grantee representatives will be available to respond to Subscriber telephone inquiries during Normal Business Hours.

C.

After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day.

D.

Under Normal Operating Conditions, telephone answer time by a customer service representative or automated response unit, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less then ninety (90%) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Notwithstanding the above, Grantor may not require Grantee to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless Grantor receives a substantial number or pattern of verbal or written Subscriber complaints.

E.

Under Normal Operating Conditions, the Subscriber will receive a busy signal less than three percent (3%) of the time.

F.

Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located.

7.

Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis:

A.

If the Grantee cannot perform Standard Installations within seven (7) business days of request by a Subscriber (provided that the schedule or preferences of the Person requesting the Standard Installation has not been responsible for the delay), the Subscriber may request and is entitled to receive a free Standard Installation. If the Grantee fails to provide this free Standard Installation and the request was made by the Subscriber within thirty (30) days of the Standard Installation request, the Grantor may direct the Grantee to issue a credit for the Standard Installation. Failure to comply with the Grantor directive will subject Grantee to appropriate enforcement actions. This section does not apply to the introduction of new products and Services when Grantee is utilizing a phased introduction.

B.

Grantee will begin working on Service Interruptions promptly and in no event later than twenty-four (24) hours after the Service Interruption becomes known. The Grantee must begin actions to correct other Service problems the next business day after notification of the Service problem.

C.

At the Subscriber's request, the "appointment window" alternatives for Standard Installations, Service calls, and other installation activities will be within a maximum four (4) hour time block during Normal Business Hours. The Grantee may schedule Service calls and other installation activities outside of Normal Business Hours for the express convenience of the Subscriber.

D.

Grantee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment.

E.

If Grantee's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the Subscriber.

F.

Grantee shall begin action to correct Service problems the next business day after modification of the Service problem by the Subscriber.

G.

At Subscriber's request, the Grantee shall provide a credit for one (1) day's Service for each Service Interruption exceeding four (4) hours in any twenty-four (24) hour period.

H.

Under Normal Operating Conditions, all cabling required to be placed underground pursuant to this Franchise shall be completely buried and the ground properly restored no later than ten (10) calendar days following installation or repair. In the event of snow coverage or other severe ground conditions, the Grantee will make every reasonable effort to bury cabling and restore ground as soon as conditions permit.

I.

Any vehicle used for the installation, construction, maintenance or repair of the Cable System shall bear the identification of the contractor or the Grantee in a conspicuous place and manner.

J.

Technicians employed by the Grantee and capable of performing service related emergency repairs and maintenance must be available twenty-four (24) hours a day, including weekends and holidays.

8.

Communications Between Grantee and Subscribers.

A.

Notifications to Subscribers:

(1)

The Grantee shall provide written information to Subscribers on each of the following topics at the time of installation, at least annually to all affected Subscribers, at any time upon request, and at least ten (10) days prior to making significant changes in the information required by this section:

(a)

product and Services offered;

(b)

prices and options for programming services and conditions of subscription to programming and other services and facilities;

(c)

installation and maintenance policies including, when applicable, information regarding the Subscriber's home wiring rights and information describing ownership of internal wiring during the period Service is provided;

(d)

instructions on how to use the Service;

(e)

Channel positions of programming offered on the System;

(f)

billing and Complaint procedures, including the name, address and telephone number of the Commission;

(g)

the availability of a signal control device;

(h)

the Grantee's practices and procedures for protecting against invasions of privacy;

(i)

the address and telephone number of the Grantee's office to which Complaints may be reported; and when applicable, the Grantee's community unit identifier as specified by the FCC.

(2)

Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible through announcements on the Cable System, if possible, and in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph.

B.

Billing:

(1)

Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic and premium Service charges and equipment charges. If, on bills, a Grantee chooses to itemize as a separate line item Franchise Fees or other government imposed fees attributable to the total bill, such fees must be shown in accordance with any applicable law concerning the Grantee's ability to itemize such fees. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. Nothing in this subsection 7.8.B(1) prohibits or restricts Grantee from offering packages of programming to Subscribers and to identify such package on the Subscriber bill.

(2)

In case of a billing dispute, the Grantee must respond to a written Complaint from a Subscriber within thirty (30) days.

C.

Refund checks will be issued promptly, but no later than either:

(1)

The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or

(2)

The return of the equipment supplied by the Grantee if Service is terminated.

D.

Credits for Service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted.

9.

Complaint Log. Subject to the privacy provisions of 47 U.S.C. § 521 et seq., Grantor and Grantee shall prepare and maintain written records of all written Complaints made to them and the resolution of such Complaints, including the date of such resolution. Such written records shall be on file at the office of Grantee. Grantee shall make available to Grantor a written summary of such Complaints and their resolution upon request.

10.

Subscriber Contracts. Grantee shall submit any Subscriber contract utilized to Grantor. If no written contract exists, Grantee shall file with the Commission a document completely and concisely stating the terms of the residential Subscriber contract offered, specifically including the length of the Subscriber contract. The length and terms of any Subscriber contract shall be available for public inspection during Normal Business Hours.

11.

Lockout Device. Grantee shall provide, for sale or lease, to Subscribers upon request, a Lockout Device that permits inhibiting the video and audio portions of any Channels offered by Grantee.

12.

Periodic Subscriber Survey. Grantee shall, on an annual basis, allow Grantor to insert into Grantee's monthly Subscriber billing statements a written survey in a form and manner acceptable to the Grantor and Grantee. Grantee's approval shall not be unreasonably withheld. The Grantor shall be responsible for any costs incurred by the Grantee related to the conduct of the survey. Upon the request of Grantor, and at Grantor's expense, Grantee shall facilitate, no more than twice per year, utilization of its current Subscriber mailing list for the purpose of conducting additional Subscriber surveys.

13.

Line Extension Policy. Grantee shall offer Service to all areas within the Franchise Area which contain thirty-five (35) or more dwelling units (which shall be interpreted to include businesses which have agreed to subscribe to Cable Service) per cable mile, the cable mile(s) to be calculated from the point where existing distribution plant ends.

14.

Disconnection/Denial of Service.

1.

The Grantee shall not terminate residential Service for nonpayment of a delinquent account unless the Grantee provides initial notice of the delinquency and impending termination at least ten (10) days prior to the proposed termination. The notice shall be mailed, postage prepaid, to the Subscriber to whom the Service is billed. This notice shall not be sent until the twenty-eighth (28th) day after the initial bill for Services was mailed to the Subscriber. The notice of delinquency and impending termination may be part of a billing statement. This section does not apply to Subscribers disconnected due to insufficient funds.

2.

The Grantee shall only terminate Service on days when the Subscriber can reach a representative of the Grantee 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, signal leakage, failure to pay, payment by check for which there are insufficient funds, theft of Service, abuse of equipment or System personnel, or other similar Subscriber actions.

3.

The Grantee shall furnish and maintain Services to each Person, in the Franchise Area, who qualifies for Service and makes a request to receive any programming service. Nothing is these standards shall limit the right of the Grantee to deny Service to any household or individual which has a negative credit or Service history with the Grantee, which may include non-payment of bills, theft or damage to the Grantee's equipment, or who has threatened or assaulted employees of the Grantee in the course of their employment. In the event Service is denied, the Grantee will give notice to the Subscriber of the right to contact the appropriate regulatory authority, providing the name, address, and phone number as directed by the Commission.

4.

Every notice of termination of Service shall include all of the following information: the name and address of the Subscriber whose account is delinquent; current account balance; the date by which payment is required in order to avoid termination of Service; and the telephone number of a representative of the Grantee who can provide additional information and handle Complaints or initiate an investigation concerning the Service and charges in question.

15.

Customer Service Reporting Requirements. Based on a substantial number and a pattern of verbal or written Subscriber complaints received by Grantor, Grantor may require Grantee to prepare and furnish to Grantor reports and any other reasonable information relevant to the complaints, including, at minimum, the following:

A.

A telephone report containing the following information relevant to the question of whether its telephone answering system continues to conform with this Franchise:

(1)

Total number of calls received for the total System;

(2)

Total number of calls abandoned for the total System;

(3)

Total percentage of calls abandoned;

(4)

Average time on hold before abandoned;

(5)

Average speed of calls answered;

(6)

Percentage of calls answered within thirty (30) seconds;

(7)

A description of significant events impacting the response times.

In addition to the above, the Grantor may request that reports contain graph(s) which depict the Grantee's performance with respect to the first six (6) items above for up to a three (3) year period prior to the date the report was requested.

B.

Number of free Standard Installations that were issued for failure to arrive for Standard Installations or service calls by appointment within the four (4) hour scheduled time frame.

C.

Significant Service Interruptions report which shall track information on a monthly basis to include:

(1)

Total number of Service Interruptions;

(2)

Time of all Service Interruptions;

(3)

Total hours that the System was out-of-service as related to planned maintenance or Channel line-up changes performed by Grantee.

In addition to the above, the Grantee may request that Service Interruption reports contain graph(s) which depict the Grantee's performance with respect to the items above for up to a three (3) year period prior to the date the report was requested.

D.

Subscriber churn report for the System.

E.

Grantee shall provide results of any technical testing on the System.