Amending Chapter 7 Entitled Cable Television Franchising

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complaints regarding quality of service, equipment malfunctions, billing, and similar matters. In no case shall a complaint go unanswered for more than two business days. The franchisee's failure or neglect to follow the approved procedure for responding to and resolving subscriber complaints within a reasonable period of time may, at the option of the Board, be considered a breach of the franchise agreement. (e) Filings and Communications with Regulatory Agencies: Copies of all petitions, applications, reports and communications submitted by the franchisee to the FCC, Securities and Exchange Commission, the Indiana Secretary of State, or any other federal or state regulatory commission or agency having jurisdiction over matters affecting CATV shall be submitted simultaneously to the Board. (f) Inspection of Records: The Board shall have the right, power, and authority to inspect all records of any franchisee at the premises of such franchisee during the normal business hours of any working day. (g) Construction Timetable: Construction shall commence within 90 days of the execution of the franchise agreement. The franchisee shall complete at least forty percent (40 %) of the construction of a city -wide CATV system within 15 months from the date of execution of its franchise agreement and shall complete an additional 30% of its construction each year during the next two years until city -wide service is substantially achieved. All construction, whether new, extension, or upgrading of current facilities, shall proceed in a non - discriminatory manner that provides relatively equal service to all areas of the City in accord with a plan which is subject to the prior approval of the Board. The franchisee shall furnish to the Board bi- monthly construction reports during the period of any construction. (h) Operation, Service and Maintenance of System: (1) The franchisee shall maintain and operate the CATV system and render efficient service to sub- scribers during the term of the franchise so as to insure that all work involved in construction, installation, maintenance, repair and operation of the system shall be performed in a safe, thorough and reliable manner. The construction, installa- tion, maintenance, repair and operation of the CATV system for which a franchise is granted shall be done in conformance with the National Electric Code, the National Electrical Safety Code, the rules and regulations of the FCC including all such regulations regarding signal leakage and interference with radio communication, the laws of the State of Indiana, and the ordinances of the City as the same exist or may be amended. Further, the franchisee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the ordinances and codes of the City and in such a manner as not to interfere with any installation of the City or any public utility serving the City. In the event that any City property is damaged or destroyed in the course of operations or construction by the franchisee, such property shall be promptly repaired or replaced by the franchisee and restored to a servicable condition, subject to the approval of the Board. 5